How to File a
veterans disability law firm Disability Claim
A claim for veterans disability is a request for compensation for an injury or illness relating to military service. It could also be a request for dependency and indemnity payments (DIC) for spouses who have died and dependent children.
Veterans may be required to submit evidence in support of their claim. Claimants can speed up the process by keeping medical exam appointments and sending documents requested promptly.
Identifying a condition that is disabling
The military can cause injuries and illnesses such as musculoskeletal disorders, arthritis, and sprains. Veterans are prone to respiratory problems hearing loss, respiratory problems and other illnesses. These conditions and injuries are approved for disability benefits at a higher rate than other ailments due to the lasting effects.
If you were diagnosed with an illness or injury while on active duty, the VA will require proof this was the result of your service. This includes medical documents from private hospitals and clinics related to your injuries or illnesses as well in statements from family and friends regarding your symptoms.
The severity of your illness is a key factor. Veterans who are younger can generally recover from some bone and muscle injuries as long as they work at it but as you get older, the chances of recovery from these kinds of injuries decrease. This is why it is important for a veteran to file a disability claim at an early stage, even if their condition is not too severe.
If you are a recipient of a rating of 100 percent permanent and total disability are eligible to apply for Supplemental Security Social Security Disability Insurance (SSI/SSDI). To speed up the SSA application process, it's beneficial to have the Veteran provide their VA rating notification letter from the regional office. It confirms the rating as "permanent" and indicates that there are no future tests scheduled.
Gathering Medical Evidence
If you are seeking to get your VA disability benefits to be approved,
firms it will need medical evidence that the medical condition is severe and incapacitating. This could include private documents, a note from a doctor or a different health care provider who treats your condition. It could include videos or images that show 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, for example). The agency must continue to look for these records until it can be reasonably certain that they don't exist. Otherwise, further efforts will be in vain.
The VA will create an examination report when it has all of 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 finds the condition to be service-related, the claimant may be eligible for benefits. Veterans can appeal an VA decision if they disagree by filing a notice of disagreement and asking that an examiner at a higher level review their case. This is referred to as a Supplemental Statement of the Case. The VA may also reopen a previously denied claim if it is presented with new and relevant evidence that supports the claim.
How to File a Claim
The VA will need all your medical, service and military records to support your claim for disability. You can submit these documents by filling out an eBenefits application on the VA website, in person at a VA office near you, or via mail with Form 21-526EZ. In certain situations, you may require additional documents or forms.
The search for medical records of civilians which support your medical condition is also important. This process can be made easier by providing the VA with the exact address of the medical facility where you received treatment. Also, you should provide the dates of your treatment.
The VA will conduct an examination C&P once you have submitted the necessary documentation and medical evidence. It will include a physical examination of the affected body part and depending on the severity of your disability, may include lab work or X-rays. The examiner will write a report, which he or she will forward to the VA.
If the VA determines that you are eligible for benefits, they'll send you a decision letter that includes an introduction and a decision to either approve or reject your claim, a rating, and a 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 a Supplemental Statement of the Case (SSOC).
Making a Choice
During the gathering and reviewing of evidence it is crucial for the claimant to be aware of all forms and documents they have to submit. If a document isn't filled out correctly or if the correct kind of document isn't sent then the entire process will be delayed. It is also essential that claimants keep appointments for exams and to be present at the time they are scheduled.
The VA will make an ultimate decision after reviewing all evidence. The decision is either to decide to approve or refuse it. If the claim is denied, it's possible to file a Notice of Disagreement (NOD) asking for an appeal against the decision.
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 official document of the evidence and the actions taken, the decisions made, as well as the laws that govern these decisions.
During the SOC process it is also possible for a claimant to add new information or have certain claims reviewed. This is referred to as Supplemental Claims or Higher-Level Review. It is also known as a Board Appeal. It is a good idea to add more information to an appeal. These types of appeals permit an experienced reviewer or veteran law judge to look over the initial disability claim again and even make a different decision.