How to File a Veterans Disability Claim

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

Veterans may be required to submit proof in support of their claim. Claimants can speed up the process by keeping their medical appointments and submitting their requested documents on time.

Identifying a Disabling Condition

The possibility of ill-health and injuries that result from serving in the military, including muscle and joint disorders (sprains arthritis, sprains, etc. ) respiratory disorders and loss of hearing, are very common among veterans. These conditions and injuries are considered to be disability-related more often than other ailments due to the long-lasting effects.

If you were diagnosed with an illness or injury during your service or during your service, the VA must have proof that it was due to your active duty service. This includes medical records from private hospitals and clinics related to the illness or injury as well as statements made by family members and friends about your symptoms.

The severity of your problem is a major aspect. Younger veterans can usually recover from bone and muscle injuries, if they work at it, but as you get older the chances of recovering from these types of conditions decrease. It is important that veterans disability lawyer submit a claim for disability when their condition remains serious.

People who are awarded a rating of 100 percent 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's helpful for the Veteran to provide their VA rating notification letter from the regional office. The letter indicates the rating as "permanent" and states that no future exams are scheduled.

Gathering Medical Evidence

If you want the VA to accept your disability benefits, they require medical evidence that a disabling condition exists and veterans disability is severe. This could be private records, a written letter from a doctor or another health professional who treats your condition. It could also include photos or videos which show your symptoms.

The VA is legally required to make reasonable efforts to collect relevant evidence on behalf of you. This includes both federal and non-federal records (private medical records, for instance). The agency must continue to search for these records until it is certain that they don't exist, or else the efforts will be ineffective.

Once the VA has all of the necessary information the VA will prepare an examination report. The report is based on claimant's medical history and symptoms and is often submitted to a VA examiner.

This report is used to make a decision on the claimant's disability benefits. If the VA determines that the disabling condition is a result of service the claimant is awarded benefits. If the VA does not agree, the veteran may contest the decision by filing an Notice of Disagreement and asking an examination by a higher-level official to review their case. This is known as a Supplemental State of the Case. The VA can also reconsider an earlier denied claim if they are provided with new and relevant evidence to support the claim.

How to File a Claim

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

It is also important to find any medical records of a civilian which can prove your illness. This process can be made easier by providing the VA with the complete address of the medical facility where you received treatment. You must also provide the dates of your treatment.

The VA will conduct an exam C&P once you have submitted the required documentation and medical evidence. This will involve an examination of the body part affected and depending on the severity of your disability it may include lab tests or X-rays. The examiner will prepare the report and send it to the VA to be reviewed.

If the VA determines that you're entitled to benefits, they will send a decision letter that includes an introduction the decision they made to approve or deny your claim and the rating and the 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 then the VA will send an Supplemental Statement of the Case (SSOC).

Making a Decision

It is important that claimants are aware of the forms and documents needed during the gathering and review of evidence phase. The entire process could be slow if a document or document is not completed correctly. It is crucial that applicants take their exams on time.

The VA will make a final decision after reviewing all the evidence. The decision can either be in favor or against 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.

If the NOD is filed the next step in the process is having a Statement of the Case (SOC) completed. The SOC is a record of all the evidence considered, the actions taken, decisions made and the laws governing the decisions.

During the SOC an applicant can also include additional information to their claim or request that it be reviewed. This is referred to as Supplemental Claims or Higher-Level Review. It is also known as a Board Appeal. It can be beneficial in bringing new information into a claim. These types of appeals permit senior reviewers or a veteran law judge to go over the initial disability claim again and, if necessary, make a new decision.