How to File a
Veterans Disability Claim
A
veterans disability claim is a claim for compensation for an injury or disease related to military service. It could also be a claim for dependent spouses or children who are dependent.
veterans disability law firms may have to submit evidence to support their claim. Claimants can expedite the process by ensuring they keep appointments for medical examinations and submitting requested documents on time.
Identifying the presence of a disability
The possibility of ill-health and injuries that result from service in the military, like muscular skeletal disorders (sprains or arthritis, etc. ) and respiratory issues and hearing loss are extremely common among veterans. These illnesses and injuries are usually considered to be eligible for disability compensation at a higher rate than other conditions because they can have lasting effects.
If you were diagnosed with an injury or illness while on active duty then the VA will require proof the cause was your service. This includes medical records from private hospitals and clinics relating to the illness or injury as well the statements of relatives and friends regarding your symptoms.
The most important thing to consider is how serious your illness is. Younger vets can usually recover from bone and muscle injuries, when they are working at it however as you grow older, your chances of recovering from these conditions decrease. This is why it's vital for veterans to file a disability claim at an early stage, even if their condition is still serious.
People who have been classified as having a 100% permanent and total disability could be eligible to apply for Social Security Disability Insurance/Supplemental Security income (SSI/SSDI). To expedite the SSA application process, it's helpful to have the Veteran provide their VA rating notification letter from the regional office. It identifies the rating as "permanent" and states that no future exams are scheduled.
Gathering Medical Evidence
If you'd like the VA to approve your disability benefits, you must provide medical evidence to prove that a disabling condition exists and is severe. This can be evidenced by private documents, a letter from a doctor, or other health care provider, who treats your condition. It could also include pictures or videos that show your symptoms.
The VA must make reasonable efforts in order to gather evidence that is relevant to your particular case. This includes both federal and non-federal records (private medical records for instance). The agency should continue to search for these records until it can be fairly certain that they don't exist. Otherwise, any further efforts will be in vain.
When the VA has all the information required, it will prepare an examination report. This report is typically determined by the claimant's symptoms and history. It is usually sent to an VA Examiner.
This report is used to make a determination regarding the claim for disability benefits. If the VA determines that the condition is a result of service the claimant will receive benefits. A veteran can appeal an VA decision in the event that they disagree, with the decision by submitting a formal notice of disagreement and asking that an inspector at a higher level look into 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 it receives new and pertinent evidence to back the claim.
Making a Claim
To support your claim for disability benefits, the VA will require all of your medical and service records. You can provide them by completing the eBenefits website application in person at a local VA office or by sending them to the VA using Form 21-526EZ. In some instances, you might require additional documents or forms.
The search for medical records of civilians that support your condition is also important. You can make this process faster by submitting complete addresses of medical care centers where you've been treated, providing dates of treatment and being precise as you can regarding the records you are sending the VA. The location of any medical records from the military you have will enable the VA benefits division to access them as well.
After you have submitted all the necessary paperwork and medical evidence and medical evidence, the VA will conduct a C&P exam. This will include physical examination of the affected part of your body and depending on the degree to which you're disabled the 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 send you a letter of decision which includes an introduction and a decision to either approve or deny your claim a rating, and an exact amount of disability benefits. If you are denied, they'll describe the evidence they considered and the reason for their decision. If you file an appeal, the VA will send a Supplemental Case Statement (SSOC).
Making a Choice
It is essential that claimants are aware of all the forms and documents that are required during the gathering and review of evidence. If a form hasn't been filled out correctly or if the correct type of document isn't presented, the entire process can be delayed. It is also crucial that claimants schedule appointments for their exams and keep them on time.
The VA will make an ultimate decision after reviewing all evidence. This decision will either approve the claim or refuse it. If the claim is denied, it is possible to make a Notification of Disagreement (NOD) asking for an appeal of the decision.
If the NOD is filed, the next step in the process is having a Statement of the Case (SOC) completed. The SOC is an official document of the evidence and the actions taken, the decisions made, and the laws that govern the decisions.
During the SOC, a claimant may also add new details to their claim or get it re-judged. This is called a Supplemental Claim or Higher-Level Review, also known as a Board Appeal. By adding new information to an existing claim may aid in speeding up the process. These types of appeals permit senior reviewers or a veteran law judge to look over the initial disability claim again and potentially make a different decision.