How to File a Veterans Disability Claim

A veterans disability claim is an application for compensation due to an injury or illness that is related to military service. It could also be a request for dependency and indemnity payment (DIC) for spouses who have died and dependent children.

Veterans could be required to submit proof to support their claim. The claimant can speed the process by ensuring they keep appointments for medical examinations and submitting requested documents on time.

Identifying a disabling condition

Injuries and illnesses that can result from serving in the military, such as musculoskeletal disorders (sprains and arthritis etc. veterans disability attorney are more susceptible to respiratory problems hearing loss, respiratory problems and other ailments. These conditions and injuries are usually considered to be eligible for disability compensation at a higher rate than other ailments because they can have lasting effects.

If you've been diagnosed with an illness or injury during your time of service and you were unable to prove it, the VA must have proof that it was a result of your active duty service. This includes medical records from private hospitals as well as clinics that relate to the injury or illness aswell the statements of friends and family about the symptoms you experience.

The severity of your condition is a significant factor. If you're a hard-working person, younger vets can recover from certain muscle and bone injuries. As you age however, the chances of regaining your health diminish. This is why it is crucial for veterans to file a claim for disability early on, while their condition isn't too severe.

If you have been assessed as having a 100% permanent and total disability may be eligible to apply for Social Security Disability Insurance/Supplemental Security Income (SSI/SSDI). To speed up the SSA application process, it is helpful for the veteran to provide their VA rating notification letter from the regional office. It confirms the rating as "permanent" and also states that no further exams are scheduled.

Gathering Medical Evidence

If you'd like the VA to accept your disability benefits, it needs medical evidence to prove that a disabling condition is present and is severe. This could be private records, a letter from a doctor or a different health care provider who treats your condition. It can also include photos or videos showing your symptoms.

The VA must make reasonable efforts to gather evidence that is relevant to your particular case. This includes federal records and non-federal records (private medical records, firms for example). The agency should continue to look for these kinds of records until it's reasonably certain that they are not there or further efforts would be ineffective.

The VA will prepare an examination report once it has all the relevant information. This is based upon the patient's history and the symptoms, and is usually presented to an VA examiner.

This report is used to determine on the claimant's eligibility for disability benefits. If the VA determines that the disabling condition is a result of service the applicant will be granted benefits. If the VA disagrees, the person may appeal the decision by filing a Notice of Disagreement and requesting a higher-level examiner to review their case. This is referred to as a Supplemental State of the Case. The VA can also decide to reopen an earlier denied claim if they receive new and relevant evidence to back the claim.

Making a Claim

The VA will require all your medical, service and military records to prove your disability claim. You can submit these documents by filling out an eBenefits application on the VA website, in person at an VA office near you or via mail using Form 21-526EZ. In some cases you may require additional documents or forms.

Finding medical records from civilians that can support your health condition is also essential. You can speed up this process by providing complete addresses for medical facilities where you've received treatment, including dates of treatment and being as precise as you can regarding the records you are sending the VA. Locating the location of any military medical records you have will allow the VA benefits division to have access to them as well.

The VA will conduct an exam C&P after you have provided the required paperwork and medical proof. This will include a physical exam of the affected part of your body. Also depending on the extent to which you are disabled and the extent of your disability, lab work or X-rays could be required. The examiner will prepare a report, which he or she will send to the VA.

If the VA decides you are eligible for benefits, they will send you a letter of decision that includes an introduction and a decision to either approve or reject your claim, an assessment, and the specific amount of disability benefit. If you are denied benefits, they will describe the evidence they considered and why they made their decision. If you contest the decision, the VA will issue a Supplemental Statement of the Case (SSOC).

Making a decision

During the gathering and review of evidence phase it is crucial for claimants to be on top of all forms and documents they have to submit. If a document isn't completed correctly or the correct kind of document isn't submitted the entire process may be delayed. It is also essential that claimants keep appointments for exams and to be present at the time they are scheduled.

After the VA evaluates all the evidence, they'll make the final decision. The decision is either to accept or reject it. If the claim is rejected you can file a Notice of Disagreement to request an appeal.

The next step is to write a Statement of Case (SOC). The SOC is an official document of the evidence of the case, the actions taken the decisions made, as well as the laws that govern the decisions.

During the SOC the claimant may also include additional information to their claim or get it re-judged. This is known as a Supplemental Claims or Higher-Level Review, also known as a Board Appeal. Making changes to an existing claim may aid in speeding up the process. These types of appeals permit an experienced reviewer or veteran law judge to look over the initial disability claim again and, if necessary, make a new decision.