How to File a Veterans Disability Claim

A claim for veterans disability lawyers disability is a claim for compensation due to an injury or disease related to military service. It could also be for dependent spouses or children who are dependent.

A veteran might need to provide evidence to support a claim. Claimants can speed up the process by ensuring they keep appointments for medical examinations and sending the required documents promptly.

Recognizing a disabling condition

Injuries and Firms illnesses that can result from service in the military, including muscles and joints (sprains and arthritis and so on. ) respiratory disorders, and loss of hearing are quite common among veterans. These injuries and illnesses are approved for disability benefits at a higher percentage than other ailments due to the long-lasting effects.

If you were diagnosed with an illness or injury during your service and you were unable to prove it, the VA must be able to prove it was due to your active duty service. This includes medical clinic records and private hospital records relating to your illness or injury and also statements from friends and family regarding your symptoms.

A crucial factor to consider is how serious your condition is. If you are a hard worker young vets can recover from certain bone and muscle injuries. As you get older, however, your chances of regaining your health diminish. This is why it is essential for veterans to file a disability claim in the early stages, when their condition is not too severe.

Those who receive an assessment of 100% permanent and total disability are eligible to apply for Supplemental Security Income/Social Security Disability Insurance (SSI/SSDI). To expedite 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 tests are scheduled.

Gathering Medical Evidence

If you wish the VA to approve your disability benefits, you must provide medical evidence that a disabling condition is present and severe. This could include private medical records, a statement by a doctor or health care provider who treats your illness, as well as evidence in the form of photos and videos that show your symptoms or injuries.

The VA must make reasonable efforts to gather evidence that is relevant to your 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's certain that they are not there or else the efforts will be in vain.

When the VA has all of the required information It will then draft an examination report. The report is typically dependent on the claimant's symptoms and their history. It is usually presented to a VA Examiner.

This report is used to make a final decision on the claimant's eligibility for disability benefits. If the VA finds that the condition is due to service, the applicant may be entitled to benefits. The veteran may appeal a VA decision in the event of disagreement by submitting a notice of disagreement and asking a higher level examiner review their case. This is known as a Supplemental State of the Case. The VA may also allow a reopening of an earlier denied claim if it receives new and relevant evidence that supports the claim.

Filing a Claim

The VA will require all of your medical, service and military records to support your disability claim. You can submit these documents by filling out an eBenefits application on the VA website or in person at the VA office near you, or via mail using Form 21-526EZ. In some cases you may need to provide additional documents or statements.

It is also important to track down any medical records from a civilian source which can prove your illness. This process can be accelerated by providing the VA with the exact address of the medical facility where you received treatment. You must also provide dates of treatment.

After you have submitted all the necessary paperwork and medical documentation after which the VA will conduct the C&P examination. This will consist of physical examination of the affected area of your body. Additionally depending on the degree to which you are disabled, lab work or X-rays may be required. The examiner will write an assessment report, which he or she will submit to the VA.

If the VA decides you are eligible for benefits, they'll send you a letter of decision which includes an introduction, a decision to approve or deny your claim a rating, and an exact amount of disability benefits. If you are denied benefits, they will explain the evidence they analyzed and their reasoning behind their decision. If you decide to appeal, the VA will send a Supplemental Statement of the Case (SSOC).

Make a Choice

It is vital that the claimants are aware of the forms and documents that are required during the gathering and review of evidence phase. If a form isn't filled out correctly or if the correct type of document isn't submitted, the entire process can be delayed. It is imperative that claimants attend their scheduled examinations.

After the VA examines all the evidence, they will make the final decision. The decision is either to approve or deny the claim. If the claim is denied, it is possible to make a Notification of Disagreement (NOD) asking for an appeal of the decision.

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

During the SOC the claimant may also provide additional information to their claim, or request that it be reviewed. This is called a Supplemental Claim or Higher-Level Review. Board Appeal. By adding new information to an existing claim could aid in speeding up the process. These appeals allow an experienced or senior law judge to look over the initial claim for disability again and perhaps make a different determination.