How to File a Veterans Disability Claim
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veterans disability claim is a request for compensation for an injury or illness that is connected to military service. It could also be a claim for dependency and indemnity payments (DIC) for spouses of survivors and dependent children.
A veteran may need to submit evidence to support the claim. Claimants can accelerate the process by attending their medical exam appointments and submitting requested documents promptly.
Identifying a disability
The military can lead to injuries and illnesses, such as arthritis, musculoskeletal disorders and injuries. Veterans are susceptible to respiratory issues and hearing loss, among other illnesses. These injuries and illnesses are typically approved for disability compensation at a greater rate than other conditions because they cause long-lasting effects.
If you've been diagnosed with an injury or illness during your service, the VA must prove it was the result of your active duty service. This includes medical records from private hospitals and clinics that relate to the injury or illness as well the statements of relatives and friends regarding your symptoms.
The severity of your condition is a major factor. Younger
veterans disability lawsuit can usually recover from bone and muscle injuries when they are working at it but as you get older, your chances of recovering from these types of conditions diminish. This is why it's important for a veteran to file a disability claim in the early stages, when their condition is still severe.
If you are a recipient of an assessment of 100% 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 helpful for the Veteran to provide their VA rating notification letter from the regional office that identifies the rating as "permanent" and also indicates that there are no future tests scheduled.
Gathering Medical Evidence
If you'd like the VA to accept your disability benefits, they require medical evidence that proves that a disabling condition is present and severe. This can include private records, a letter from a physician, or a different health care provider, who treats your condition. It could also include pictures or videos showing your symptoms.
The VA is legally required to make reasonable efforts to obtain relevant evidence on your behalf. This includes federal records and non-federal records (private medical records, for instance). The agency will continue to look for these records until it can be reasonably certain that they don't exist. Otherwise, any further efforts will be in vain.
The VA will prepare an examination report after it has all the necessary information. It is based on the patient's history and the symptoms, and is often submitted to a VA examiner.
This report is used to make a decision on the claimant's eligibility for disability benefits. If the VA finds the condition to be dependent on service, the claimant might be entitled to benefits. If the VA disagrees, the claimant can contest the decision by filing a Notice of Disagreement and requesting an additional examiner to look into their case. This is referred to as a Supplemental State of the Case. The VA can also reconsider an earlier denied claim when they receive new and pertinent evidence to back the claim.
Making a Claim
To prove your claim for disability, the VA will require all of your medical and service records. You can submit these documents by filling out an eBenefits application on the VA website, in person at the VA office near you or via mail with Form 21-526EZ. In some instances, you might need to submit additional documents or forms.
It is also necessary to track down any medical records from a civilian source that may support your health condition. You can make this process faster by providing complete addresses to medical care facilities where you've been treated, providing dates of treatment, and being as precise as you can regarding the records you're submitting to the VA. Finding the location of any military medical records you have will enable the VA benefits division to have access to them as well.
The VA will conduct an examination C&P after you have provided the necessary documents and medical evidence. It will include an examination of the body part affected and depending on the severity of your disability it could include lab work or X-rays. The examiner will prepare a report, which he or she will then send to the VA.
If the VA determines that you are eligible for benefits, they'll send you a letter of decision which includes an introduction as well as a decision on whether to approve or deny your claim an assessment and an exact amount of disability benefits. If you are denied benefits, they will outline the evidence they considered and the reasoning behind their decision. If you decide to appeal the decision, the VA will send a Supplemental Statement of the Case (SSOC).
Get a Decision
It is vital that the claimants are aware of all the forms and documents needed during the gathering and reviewing of evidence phase. The entire process can be slow if a document or document is not completed correctly. It is also essential that claimants keep appointments for their exams and keep them on time.
After the VA examines all evidence, they'll make a decision. This decision will either approve the claim or reject it. If the claim is denied you may make a notice of Disagreement to seek an appeal.
The next step is to prepare the Statement of Case (SOC). The SOC is an official record of the evidence of the case, the actions taken the decisions made, as well as the laws that govern those decisions.
During the SOC, a claimant can also add additional information to their claim, or request that it be reviewed. This is referred to as Supplemental Claims or Higher-Level review, or Board Appeal. By adding new information to an existing claim can aid in speeding up the process. These appeals permit a senior judge or veteran law judge to review the initial claim for disability again and possibly make a different decision.