How to File a
Veterans Disability Claim
A
veterans disability claim is a claim for compensation due to an injury or illness related to military service. It could also be a claim for dependency and indemnity compensation (DIC) for spouses who survive and dependent children.
A veteran may need to provide evidence in support of an claim. Claimants can speed up the process by scheduling appointments for medical examinations and submitting documents requested promptly.
Recognizing a disabling condition
The possibility of ill-health and injuries that result from service in the military, like musculoskeletal disorders (sprains arthritis,
veterans disability sprains etc. Veterans are more susceptible to respiratory problems as well as hearing loss and other illnesses. These illnesses and injuries are deemed to be eligible for disability benefits more often than other ailments due to the long-lasting consequences.
If you've been diagnosed with an injury or illness during your service, the VA must have proof that it was a result of your active duty service. This includes medical records from private hospitals and clinics related to the illness or injury as well the statements of family members and friends about your symptoms.
The severity of your problem is a major factor. Younger veterans can usually recover from bone and muscle injuries, if they work at it but as you become older, your chances of recovering from these types of conditions diminish. It is essential that veterans apply for a disability claim while their condition is still serious.
People who have been classified as having a permanent 100% and total disability may be eligible to apply for Social Security Disability Insurance/Supplemental Security income (SSI/SSDI). To expedite the SSA application process, it is beneficial for the veteran to provide their VA rating notification letter from the regional office that identifies the rating as "permanent" and indicates that no further tests are scheduled.
Gathering Medical Evidence
If you want your VA disability benefits to be approved it will require medical evidence that proves the illness is severe and debilitating. This could be private medical records, a statement from a physician or other health care provider treating your illness, as well as evidence that can be in the form pictures and videos that demonstrate the signs or injuries you have suffered.
The VA is required by law to make reasonable efforts to obtain relevant evidence on behalf of you. This includes federal records as well as non-federal records (private medical records, for example). The agency should continue to look for these kinds of records until it is certain that they don't exist, or further efforts would be ineffective.
The VA will then prepare an examination report after it has all the required details. The report is based on claimant's history and symptoms and is usually submitted to a VA examiner.
The report of the examination is used to determine if there is a need for a decision on the disability claim. If the VA determines that the condition is service connected, the claimant is awarded benefits. If the VA does not agree, the veteran can appeal the decision by filing a Notice of Disagreement and asking for an additional examiner to look into their case. This process is called a Supplemental Statement of the Case. The VA can also reconsider the claim that was denied previously when it receives new and relevant evidence to back the claim.
Filing a Claim
The VA will require all your medical records, service and military to support your disability claim. You can submit these documents by completing an eBenefits application on the VA website or in person at an VA office near you or by mail using Form 21-526EZ. In some cases, you might require additional documents or forms.
It is also important to track down any medical records from a civilian source which can prove your illness. You can speed up this process by submitting complete addresses for medical facilities where you have received treatment, providing dates of treatment and being as precise as you can regarding the records you're providing to the VA. Identifying the locations of any medical records from the military you have will allow the VA benefits division to access those as well.
The VA will conduct an exam C&P after you have provided the necessary documentation and medical evidence. This will include a physical exam of the affected part of your body. Moreover, depending on how you are disabled and the extent of your disability, lab work or X-rays might be required. The doctor will then write an examination report and submit it to the VA for review.
If the VA determines you are eligible for benefits, they will issue a decision letter that includes an introduction, their decision to approve or deny your claim, as well as a rating and specific disability benefit amount. If you are denied benefits, they will explain the evidence they analyzed and the reasoning behind their decision. If you decide to appeal the decision, the VA will send an Supplemental Statement of the Case (SSOC).
Getting a Decision
It is essential that claimants are aware of all the forms and documentation required during the gathering and reviewing evidence phase. If a document isn't completed correctly or the correct kind of document isn't presented, the entire process can be delayed. It is also important that applicants keep appointments for examinations and attend the exams as scheduled.
The VA will make an official decision after reviewing all evidence. This decision will either approve or deny the claim. If the claim is rejected you can make a notice of Disagreement to request 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, decisions made and the laws that govern those decisions.
During the SOC, a claimant may also add additional details to their claim or request that it be reviewed. This is referred to as a Supplemental Claim or Higher-Level review, or Board Appeal. It can be helpful in bringing new information into the claim. These appeals permit a senior judge or veteran law judge to consider the initial claim for disability again and possibly make a different decision.