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 can also be for dependent spouses or children who are dependent.
Veterans could be required to submit evidence in support of their claim. Claimants can speed up the process by scheduling appointments for medical examinations and sending requested documents promptly.
Identifying the presence of a disability
Injuries and illnesses that can result from serving in the military, such as muscles and joints (sprains, arthritis and so on.
veterans disability lawyers are at risk of respiratory issues as well as hearing loss and other ailments. These illnesses and injuries are typically approved for disability compensation at a higher rate than other conditions due to their long-lasting effects.
If you were diagnosed with an illness or injury while on active duty and the VA will need proof that this was the result of your service. This includes medical records from private hospitals as well as clinics related to the injury or illness as well statements from relatives and friends regarding your symptoms.
The severity of your issue is a significant aspect. If you're a hard-working person younger vets are able to recover from certain muscle and bone injuries. As you age however, your odds of regaining your health diminish. This is why it's crucial for veterans to file a disability claim at an early stage, even if their condition is not too severe.
The people who have been rated as having a permanent 100% and total disability could be eligible to apply for Social Security Disability Insurance/Supplemental Security income (SSI/SSDI). It is helpful to the Veteran to supply the VA rating notification letter that was issued by the regional office. The letter should state that the rating is "permanent", and that no further exams are scheduled.
Gathering Medical Evidence
If you'd like the VA to approve your disability benefits, it must have medical evidence to prove that a disabling condition is present and is severe. This can include private medical records, statements by a doctor or health care provider who is treating your illness, as well as evidence that can be in the form pictures and videos that demonstrate your symptoms or injuries.
The VA is required by law to make reasonable efforts to collect relevant evidence on your behalf. This includes federal records and non-federal records (private medical records, for instance). The agency must continue to search for these records until it's reasonably certain that they do not exist or else the efforts will be futile.
The VA will create an examination report when it has all the required details. This is based upon the patient's history and the symptoms, and is usually submitted to a VA examiner.
The report of the examination is used to make a decision on the disability claim. If the VA finds the condition to be dependent on service, the claimant might be entitled to benefits. The veteran can appeal a VA decision if they disagree by submitting a notice of disagreement, and requesting an examiner at a higher level review their case. This is referred to as a Supplemental Statement of the Case. The VA can also reconsider an earlier denied claim if they are provided with new and relevant evidence to support the claim.
How to File a Claim
The VA will need all your medical documents, military and service records to prove your disability claim. You can submit these documents by filling out an eBenefits application on the VA website,
veterans disability in person at an VA office near you or via mail using Form 21-526EZ. In certain cases you'll need to fill out additional forms or statements.
Finding civilian medical records which support your medical condition is equally important. This process could be made faster by providing the VA with the exact address of the medical facility where you received treatment. You must also provide the dates of treatment.
The VA will conduct an examination C&P after you have submitted the required documentation and medical evidence. This will involve an examination of the body part affected and, depending on your disability, may include lab work or X-rays. The doctor will then write a report and send it to the VA for review.
If the VA determines you are eligible for benefits, they will issue an approval letter that contains an introduction and their decision to either approve or deny your claim, as well as a rating and specific disability benefit amount. If you are denied, they will describe the evidence they considered and the reason for their decision. If you file an appeal, the VA will send an Supplemental Case Statement (SSOC).
Make a Choice
During the gathering and reviewing of evidence phase it is essential for claimants to be on top of all forms and documents they have to submit. The entire process could be delayed if a form or document is not properly completed. It is essential that the claimants attend their scheduled examinations.
After the VA examines all evidence, they'll take an informed decision. The decision is either to be in favor or against the claim. If the claim is rejected, you can file a Notice of Disagreement to make an appeal.
The next step is to complete the Statement of Case (SOC). The SOC is a record of all the evidence considered, actions taken,
veterans disability the decisions made, and the laws that govern the decisions.
During the SOC, a claimant can also provide additional information to their claim, or get it re-judged. This is referred to as a Supplemental Claim, Higher-Level Review or Board Appeal. It is a good idea to add additional information to a claim. These types of appeals permit an older reviewer or veterans law judge to go over the initial disability claim and possibly make a different decision.