How to File a Veterans Disability Claim
A
veterans disability claim is a request for compensation for an injury or disease related to military service. It can also be a claim for dependency and indemnity payment (DIC) for spouses who survive and dependent children.
A veteran may need to submit evidence to support an application. Claimants can speed up the process by making sure they attend their appointments for medical exams and submitting the required documents on time.
Identifying an impairment
Injuries and diseases that result from service in the military, like musculoskeletal disorders (sprains arthritis, sprains, etc. ), respiratory conditions and hearing loss are quite frequent among veterans. These ailments and injuries are typically approved for disability compensation at a more hefty rate than other conditions because they can have lasting effects.
If you were diagnosed as having an illness or injury while on active duty or in the military, the VA will require proof that this was the result of your service. This includes medical documents from private hospitals and clinics relating to the injury or illness aswell in statements from relatives and friends regarding the symptoms you experience.
One of the most important aspects to consider is how serious your condition is. The younger vets are able to recover from bone and muscle injuries if they work at it however as you grow older, your chances of recovering from these conditions decrease. It is essential that
veterans disability lawsuit submit a claim for disability even if their condition is serious.
If you have been assessed as having a 100% permanent and total disability may be eligible to apply for Social Security Disability Insurance/Supplemental Security Income (SSI/SSDI). In order to speed up the SSA application process, it is beneficial to have the Veteran 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 want your VA disability benefits to be approved it will require medical evidence that proves the condition is serious and limiting. This could include private medical records, a statement from a physician or other health care provider treating your illness, as well as evidence in the form of photos or videos that display the signs or injuries you have suffered.
The VA must make reasonable efforts to collect evidence relevant to your case. This includes both federal and non-federal records (private medical records for example). The agency will continue to look for these records until it is fairly certain that they don't exist. Otherwise, any further efforts will be futile.
Once the VA has all of the required information the VA will prepare an examination report. This is based on the patient's history and the symptoms, and is usually presented to an VA examiner.
This report is used to make a determination on the claimant's disability benefits. If the VA determines that the disabling condition is service connected the claimant will be awarded benefits. If the VA does not agree, the veteran may contest the decision by filing an Notice of Disagreement and requesting a higher-level examiner to review their case. This is referred to as a Supplemental State of the Case. The VA may also allow a reopening of a previously denied claim when it receives new and relevant evidence to back the claim.
Making a Claim
The VA will require all your medical documents, military and service records to prove your disability claim. You can submit these by filling out the eBenefits website application, in person at a local VA office or via mail using Form 21-526EZ. In certain cases you may need to provide additional documents or statements.
The search for medical records of civilians that confirm your condition is also crucial. You can make this process faster by providing complete addresses to medical facilities where you've received treatment, providing dates of treatment and being precise as you can about the documents you're sending to the VA. Locating the location of any military medical records you have will allow the VA benefits division to get them as well.
The VA will conduct an examination C&P once you have submitted the required paperwork and medical proof. It will include a physical examination of the affected body part and depending on your condition it could include lab work or X-rays. The examiner will then create a report and send it to the VA for review.
If the VA decides that you are eligible for benefits, they will issue a decision letter with an introduction, their decision to approve or deny your claim and a rating and specific disability benefit amount. If you are denied benefits, they will explain what evidence they reviewed and the reason for their decision. If you appeal, the VA will send a Supplemental Case Report (SSOC).
Make a decision
During the gathering and review of evidence it is essential for claimants to stay aware of all forms and documents that they must submit. The entire process could be slowed down if a form or document is not properly completed. It is crucial that applicants attend their scheduled exams.
After the VA examines all evidence, they will make a decision. The decision will either be to accept or reject it. If the claim is denied, it's possible to submit a Notice of Disagreement (NOD) asking for an appeal against the decision.
If the NOD is filed then the next step in the process is having an Statement of the Case (SOC) completed. The SOC is an official document of the evidence, the actions taken, the decisions made, and the laws that govern the decisions.
During the SOC process it is also possible for a claimant to add new information or have certain claims reviewed. This is known as a Supplemental Claim, Higher-Level Review or Board Appeal. The addition of new information to an existing claim could assist in expediting the process. These appeals permit an experienced or senior law judge to look over the initial claim for disability and make a new decision.