How to File a Veterans Disability Claim

A claim for disability from a veteran is a claim for compensation due to an injury or illness that is related to military service. It can also be for dependent spouses or children who are dependent.

A veteran might need to provide evidence in support of the claim. The claimant can speed the process by making medical exam appointments and sending requested documents on time.

Identifying the Disabling Condition

The military can lead to injuries and illnesses like arthritis, musculoskeletal conditions, and sprains. ), respiratory conditions and loss of hearing, are very frequent among veterans disability lawyers. These ailments and injuries are deemed to be eligible for disability benefits more often than other types due to their long-lasting effects.

If you've been diagnosed with an injury or illness during your time of service, the VA must prove that it was the result of your active duty. This includes medical records from private hospitals as well as clinics relating to the injury or illness as well in statements from relatives and friends regarding your symptoms.

The most important thing to consider is how severe your situation is. If you work hard younger vets are able to recover from certain bone and muscle injuries. As you get older however, your chances of recovery diminish. This is why it is vital for veterans to file a claim for disability early, when their condition is still severe.

If you have been assessed as having a 100% permanent and total disability might be eligible to apply for Social Security Disability Insurance/Supplemental Social Security Income (SSI/SSDI). It will be beneficial to the Veteran to supply the VA rating notification letter that was issued by the regional office. The letter should state that the rating is "permanent", and that no more tests are scheduled.

Gathering Medical Evidence

If you wish to have your VA disability benefits approved the benefits will require medical evidence to prove that the condition is serious and limiting. This can be evidenced by private documents, a letter from a physician, or another health care provider who treats your illness. It can also include photos or videos which show your symptoms.

The VA must make reasonable efforts in order to collect evidence relevant to your particular case. This includes both federal and non-federal records (private medical records for example). The agency should continue to look for these kinds of records until it's reasonably certain they don't exist or further efforts would be ineffective.

After the VA has all the required information It will then draft an examination report. The report is usually dependent on the claimant's symptoms and past. It is usually submitted to an VA Examiner.

This report is used to make a final decision on the claim for disability benefits. If the VA determines the condition is dependent on service, the claimant might be eligible for benefits. Veterans can appeal a VA decision when they disagree with the decision by submitting a formal notice of disagreement, and requesting a higher level examiner review their case. This is known as a Supplemental Statement of the Case. The VA may also reopen an earlier denied claim when it receives new and relevant evidence to back the claim.

The process of filing a claim

The VA will require all your medical records, service and Veterans military to prove your disability claim. You can submit these documents by completing an eBenefits application on the VA website, in person at a VA office near you or via mail using Form 21-526EZ. In certain situations, you may need to submit additional documents or forms.

The search for medical records of civilians which support your medical condition is also important. This process could be made faster by providing the VA with the full address of the medical facility where you received treatment. You should also provide dates of treatment.

The VA will conduct an exam C&P after you have provided the necessary paperwork and medical evidence. This will consist of physical examination of the affected area of your body and depending on the extent to which you're disabled the lab work or X-rays might be required. The examiner will draft a report, which he or she will send to the VA.

If the VA determines you are eligible for benefits, they will send an official decision letter which includes an introduction the decision they made to approve or deny your claim. They will also provide an assessment and specific disability benefit amount. If you are denied benefits, they will explain the evidence they reviewed and their reasoning for their decision. If you appeal the VA sends a Supplemental Case Report (SSOC).

Making a Choice

During the gathering and review of evidence phase it is essential that claimants stay aware of all forms and documents they have to submit. If a form is not completed correctly or the correct kind of document isn't submitted the entire process could be delayed. It is essential that the claimants take their exams on time.

After the VA evaluates all the evidence, they'll come to a decision. The decision can either decide to approve or refuse it. If the claim is denied, it is possible to file a Notice of Disagreement (NOD) asking for an appeal of the decision.

If the NOD is filed then the next step in the process is to have an Statement of the Case (SOC) completed. The SOC is an accounting of all the evidence considered, actions taken, decisions made and the laws that govern those decisions.

During the SOC, a claimant may also provide 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. It is possible to add new information to a claim. These appeals permit an experienced or senior law judge to examine the initial claim for disability and, if necessary, make a different determination.