How to File a
Veterans Disability Claim
A veterans disability claim is a claim for compensation due to an injury or illness that is connected to military service. It can also be a request for dependency and indemnity compensation (DIC) for spouses who have died and dependent children.
Veterans could be required to submit proof to support their claim. Claimants can accelerate the process by making sure they attend their medical exam appointments and submitting required documents promptly.
Identifying a disability
The possibility of ill-health and injuries that result from service in the military, including muscles and joints (sprains, arthritis, etc.
veterans disability lawsuits are at risk of respiratory issues, loss of hearing and other ailments. These ailments and injuries are eligible for disability benefits at a higher rate than other types due to their long-lasting consequences.
If you were diagnosed as having an illness or injury while on active duty, the VA will require proof this was the result of your service. This includes medical clinic and private hospital records related to your injury or illness, and also statements from friends and family regarding your symptoms.
The severity of your condition is an important aspect. Younger vets can usually recover from a few bone and muscle injuries when they are working at it but as you become older the chances of recovering from these conditions decrease. It is crucial that
veterans disability lawsuits submit a claim for disability when their condition remains grave.
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 speed up the SSA application process, it is helpful for the veteran to provide their VA rating notification letter from the regional office. The letter confirms the rating as "permanent" and also states that no further exams are scheduled.
Gathering Medical Evidence
If you wish to have your VA disability benefits to be approved it will require medical evidence that the illness is severe and debilitating. This can include private medical records, a letter by a doctor or health care provider who treats your condition, as well as evidence in the form of photos and videos that demonstrate your physical symptoms or injuries.
The VA must make reasonable efforts in order to gather evidence that is relevant to your particular case. This includes federal records as well as non federal records (private medical records, for instance). The agency must continue to search for these types of records until it is reasonably certain that they do not exist or further efforts would be futile.
The VA will then prepare an examination report once 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 decide on the disability claim. If the VA determines that the condition is a result of service the claimant will receive benefits. If the VA disagrees, the claimant can appeal the decision by filing an Notice of Disagreement and requesting an additional examiner to look into their case. This process is called a Supplemental Statement of the Case. The VA may also allow a reopening of an appeal that was previously denied in the event that it receives fresh and relevant evidence to support the claim.
The process of filing a claim
To support your claim for disability, the VA will require all of your medical and service records. You can submit these documents by completing an eBenefits application on the VA website or in person at the VA office near you or by mail using Form 21-526EZ. In some cases, you might need to submit additional documents or forms.
The search for medical records of civilians that confirm your condition is equally important. You can speed up the process by providing complete addresses for medical care facilities where you've received treatment, submitting dates of treatment and being specific as you can about the records you're providing to the VA. 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 submitted the necessary documents and medical evidence. This will involve an 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 an examination report, which he or she will forward to the VA.
If the VA decides that you are entitled to benefits, they'll mail a decision letter that includes an introduction and their decision to accept or deny your claim. It also includes a rating and specific disability benefit amount. If you are denied, they will explain what evidence they reviewed and the reason for their decision. If you contest the appeal, the VA will send a Supplemental Statement of the Case (SSOC).
Making a Decision
During the gathering and review of evidence phase it is essential for claimants to be on top of all forms and documents they must submit. If a document isn't completed correctly or the correct kind of document isn't submitted the entire process may be delayed. It is essential that the claimants attend their scheduled examinations.
After the VA reviews all the evidence, they'll come to an informed decision. The decision can either approve or deny the claim. If the claim is denied, it's possible to file a Notice of Disagreement (NOD) in order to request an appeal against the decision.
The next step is to write the Statement of Case (SOC). The SOC is an official record of all evidence considered, the actions taken, decisions made and the laws governing the decision.
During the SOC, a claimant may also provide additional details to their claim or have it re-adjudicated. This is referred to as Supplemental Claims, Higher-Level Review, or Board Appeal. By adding new information to an existing claim could aid in speeding up the process. These types of appeals allow a senior reviewer or a veteran law judge to look over the initial disability claim and potentially make a different decision.