How to File a Veterans Disability Claim

A claim for disability benefits for veterans is a request for compensation based on an injury or illness relating to military service. It can also be for dependent spouses or children who are dependent.

veterans disability lawyers could be required to submit evidence in support of their claim. Claimants can accelerate the process by ensuring they keep their appointments for medical examinations and submitting their requested documents on time.

Identifying a condition that is disabling

Injuries and illnesses that result from service in the military, including muscles and joints (sprains, arthritis and so on. Veterans are susceptible to respiratory problems as well as hearing loss and other ailments. These injuries and illnesses are approved for disability benefits at a higher percentage than other conditions due to their long-lasting effects.

If you've been diagnosed with an illness or injury during your service and you were unable to prove it, the VA must prove it was a result of your active duty service. This includes medical clinic and private hospital records regarding your injury or illness, as well as statements from friends and family regarding your symptoms.

The severity of your problem is a major aspect. If you're active young vets can recover from certain bone and muscle injuries. As you get older however, your chances of recovering diminish. It is imperative that veterans apply for a disability claim while their condition is still serious.

People who have been classified as having a 100% permanent and total disability may be eligible to apply for Social Security Disability Insurance/Supplemental Social Security Income (SSI/SSDI). To help expedite the SSA application process, it is helpful for the Veteran to provide their VA rating notification letter from the regional office. The letter declares the rating as "permanent" and also indicates that there are no future tests scheduled.

Gathering Medical Evidence

If you'd like the VA to approve your disability benefits, they require medical evidence that a disabling condition is present and is severe. This could include private medical records, statements from a physician or other health care provider treating your condition, and evidence that can be in the form pictures or videos that display your physical symptoms or injuries.

The VA is required by law 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 must continue to look for these records until it can be reasonably certain that they don't exist. Otherwise, further efforts will be futile.

The VA will create an examination report when it has all the necessary details. This report is typically based on a claimant's symptoms and history. It is usually sent to the VA Examiner.

The examination report is used to decide on the disability benefit claim. If the VA determines the condition is service-related, the claimant may be entitled to benefits. veterans disability law firms can appeal a VA decision if they disagree with the decision by submitting a formal notice of disagreement and asking an examiner at a higher level review their case. This is referred to as a Supplemental Statement of the Case. The VA can also reopen an earlier denied claim if it receives new and relevant evidence to back the claim.

How to File a Claim

To support your claim for disability benefits, the VA will require all your medical and service records. You can provide these 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 may need to provide additional documents or statements.

It is also important to search for any medical records of a civilian that may support your condition. This process can be accelerated by providing the VA with the full address of the medical facility where you received treatment. It is also important to provide the dates of your treatment.

The VA will conduct an exam C&P after you have submitted the required documentation and medical evidence. It will include physical examination of the affected part of your body and depending on the degree to which you're disabled, lab work or X rays may be required. The examiner will then prepare an assessment report and then send it to the VA to be reviewed.

If the VA determines you are entitled to benefits, they will issue a decision letter with an introduction and their decision to accept or deny your claim. It also includes an assessment and specific disability benefit amount. If you are denied benefits, they will discuss the evidence they reviewed and their reasoning behind their decision. If you appeal the appeal, the VA will issue a Supplemental Statement of the Case (SSOC).

Make a Decision

During the gathering and review of evidence It is vital for claimants to be aware of all forms and documents they are required to submit. If a document isn't completed correctly or the correct kind of document isn't sent the entire process could be delayed. It is also essential that applicants keep appointments for exams and to attend the exams as scheduled.

The VA will make an ultimate decision after reviewing all evidence. The decision is either to approve or deny the claim. If the claim is denied, it's possible to make a Notification of Disagreement (NOD) in order to request an appeal of the decision.

The next step is to create the Statement of Case (SOC). The SOC is an official record of all evidence considered, the actions taken, the decisions made, and the laws governing the decision.

During the SOC process, it is also possible for a claimant include new information or have certain claims reviewed. This is called a Supplemental Claim or Higher-Level review, or Board Appeal. The addition of new information to an existing claim could help expedite the process. These appeals permit a senior judge or veteran law judge to examine the initial claim for disability again and possibly make a different determination.