How to File a Veterans Disability Claim

A veterans disability claim is a request for compensation for an injury or disease related to military service. It can also be a request for dependency and indemnity payment (DIC) for spouses of survivors and dependent children.

A veteran may need to submit evidence in support of the claim. The claimant can speed up the process by making appointments for medical exams and submitting documents requested promptly.

Recognizing a disabling condition

Injuries and illnesses that result from serving in the military, including muscles and joints (sprains, arthritis etc. veterans disability attorney are susceptible to respiratory issues and hearing loss, among other illnesses. These illnesses and injuries are eligible for disability benefits more frequently than others because they have long-lasting effects.

If you were diagnosed with an illness or injury while on active duty and the VA will require proof it was caused by your service. This includes medical records from private hospitals as well as clinics relating to the injury or illness aswell as statements made by family and friends regarding the symptoms you experience.

A key consideration is how serious your condition is. The younger vets are able to recover from a few bone and muscle injuries, when they are working at it but as you get older, the chances of recovery from these conditions decrease. It is essential that veterans file a claim for disability even if their condition is grave.

People who are awarded an assessment of 100 percent permanent and total disability are able 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. It confirms the rating as "permanent" and Veterans disability also indicates that no further tests are scheduled.

Gathering Medical Evidence

If you'd like to have your VA disability benefits to be approved, it will need medical evidence proving that the condition is severe and disabling. This could include private records, a written letter from a doctor, or another health professional who treats your condition. It could also include pictures or videos that show your symptoms.

The VA must make reasonable efforts in order 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 futile.

The VA will prepare an examination report once it has all the relevant details. The report is based on claimant's history and symptoms and is usually presented to an VA examiner.

The examination report is used to determine if there is a need for a decision on the disability benefit claim. If the VA decides that the condition is service-related, the claimant may be eligible for benefits. A veteran can appeal the VA decision if they disagree by submitting a notice of disagreement and asking a higher level examiner review their case. This process is referred to as a Supplemental Statement of the Case. The VA can also reconsider an earlier denied claim if it receives new and pertinent evidence to back the claim.

How to File a Claim

The VA will need all your medical documents, military and service records to support your claim for disability. 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 using Form 21-526EZ. In some instances, you might require additional documents or forms.

Finding medical records from civilians that confirm your health condition is also essential. This process could be made faster by providing the VA with the full address of the medical care facility where you received treatment. You must also provide the dates of your treatment.

The VA will conduct an examination C&P after you have submitted the necessary paperwork and medical evidence. This will involve an examination of the affected area of your body and depending on the extent to which you are disabled the lab work or X-rays might be required. The examiner will prepare an assessment report and then send it to the VA to be reviewed.

If the VA determines that you're eligible to receive benefits, they will send you a decision letter that includes an introduction, a decision to approve or reject your claim, an assessment, and a specific disability benefit amount. If you are denied, they'll provide the evidence they analyzed and the reasons for their decision. If you file an appeal the VA sends an Supplemental Case Statement (SSOC).

Make a Choice

It is important that claimants are aware of the forms and documents that are required during the gathering and reviewing of evidence phase. The entire process could be delayed if a form or document is not completed correctly. It is also crucial that claimants keep appointments for exams and attend them as scheduled.

After the VA examines all evidence, they'll come to the final decision. 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) seeking an appeal against the decision.

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

During the SOC process it is also possible for a claimant to provide additional information or to have certain claims reviewed. This is known as a Supplemental Claims or Higher-Level Review, also known as a Board Appeal. It can be helpful to add more information to the claim. These appeals allow an experienced or senior law judge to examine the initial claim for disability and make a new decision.