How to File a Veterans Disability Claim

A veterans disability claim is an application for compensation based on an injury or illness relating to military service. It can also be a claim for dependency and indemnity payment (DIC) for spouses who survive and dependent children.

A veteran might need to submit documents to support the claim. The claimant can speed the process by scheduling appointments for medical examinations and submitting the required documents promptly.

Identifying the presence of a disability

Injuries and illnesses that result from service in the military, such as muscular skeletal disorders (sprains, arthritis, etc. ) respiratory disorders and loss of hearing are extremely common among blakely veterans disability law firm. These ailments and injuries are deemed to be eligible for disability benefits more often than other conditions due to their long-lasting effects.

If you were diagnosed as having an illness or injury while on active duty, the VA will require proof this was caused by your service. This includes both medical clinic records and private hospital records that relate to your illness or injury, and also statements from friends and family regarding your symptoms.

The severity of your illness is an important aspect. If you're active younger vets are able to recover from certain muscle and bone injuries. As you get older however, the chances of recovering decrease. It is important that hammonton veterans disability lawsuit file a claim for disability while their condition is still serious.

Anyone who is awarded an assessment of 100 percent permanent and total disability are eligible to apply for Supplemental Security Social Security Disability Insurance (SSI/SSDI). In order to speed up the SSA application process, it is helpful for the Veteran to provide their VA rating notification letter from the regional office. This letter confirms the rating as "permanent" and states that no further exams are scheduled.

Gathering Medical Evidence

If you'd like to have your VA disability benefits to be approved the benefits will require medical evidence to prove that the medical condition is severe and incapacitating. This could be private records, a written letter from a physician, or a different health care provider, who treats your condition. It can also include images 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 as well as non-federal records (private medical records, for example). The agency is required to look for these kinds of records until it's reasonably certain that they are not there or else the efforts will be in vain.

When the VA has all the required information, it will prepare an examination report. This is based on the claimant's medical history and symptoms and is often submitted to an VA examiner.

This examination report is then used to make a determination on the disability claim. If the VA determines that the condition is a result of service, the claimant will be awarded benefits. If the VA disagrees, the claimant may appeal the decision by filing a Notice of Disagreement and requesting an examiner at a higher level to review their case. This is known as a Supplemental State of the Case. The VA can also decide to reopen the claim that was denied previously if it receives new and relevant evidence that backs the claim.

How to File a Claim

To support your claim for disability benefits, the VA will require all of your medical records and service records. You can provide them by filling out the eBenefits application on the web or in person at a local VA office, or by post using Form 21-526EZ. In some instances, you might need to submit additional documents or forms.

Tracking down civilian medical records which support your medical condition is also important. You can make this process faster by submitting complete addresses for medical facilities where you have received treatment, submitting dates of treatment, and being as precise as you can regarding the records you're submitting to the VA. The location of any military medical records you have will allow the VA benefits division to have access to them as well.

Once you have submitted all required paperwork and medical proof after which the VA will conduct the C&P examination. This will include physical examination of the affected area of your body. Also depending on how you're disabled, lab work or X-rays may be required. The doctor will then write the report and send it to the VA to be reviewed.

If the VA determines that you are eligible for benefits, they will issue an official decision letter which includes an introduction, their decision to approve or deny your claim, as well as an assessment and specific disability benefit amount. If you are denied benefits, they will explain the evidence they reviewed and their reasoning behind their decision. If you appeal the VA sends a Supplemental Case Statement (SSOC).

Making a Choice

It is important that claimants are aware of all the forms and documents that are required during the gathering and review of evidence phase. The entire process can be reduced if a form or document is not properly completed. It is important that claimants attend their scheduled examinations.

After the VA examines all evidence, they will make an informed decision. This decision will either accept or refuse it. If the claim is denied, you can file a Notice of Disagreement to seek an appeal.

If the NOD is filed the next step of the process is to have an Statement of the Case (SOC) completed. The SOC is an accounting of all the evidence considered, the actions taken, the decisions made, and the laws that govern those decisions.

During the SOC process it is also possible for a claimant to provide additional information or to get certain claims re-judged. This is referred to as a Supplemental Claim or Higher-Level review, or Board Appeal. The addition of new information to an existing claim could make the process easier. These types of appeals permit a senior reviewer or a veteran law judge to go over the initial disability claim and, if necessary, make a new decision.