How to File a Veterans Disability Claim

A claim for disability benefits for akron veterans disability lawyer is a claim for compensation based on an illness or injury that is connected to military service. It could also apply to dependent spouses or children who are dependent.

A veteran may have to provide documents to support an claim. Claimants can speed up the process by keeping their medical appointments and submitting requested documents promptly.

Identifying a Disabling Condition

The military can lead to injuries and diseases such as arthritis, musculoskeletal conditions, and injuries. Veterans are more susceptible to respiratory issues hearing loss, respiratory problems and other illnesses. These injuries and illnesses are eligible for disability benefits at a higher percentage 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 this was caused by your service. This includes medical clinic records and private hospital records relating to the injury or illness you suffered, as well as statements from relatives and friends regarding your symptoms.

The severity of your condition is a major aspect. The younger vets are able to recover from a few bone and muscle injuries when they are working at it however as you grow older, the chances of recovery from these conditions decrease. This is why it is essential for veterans to file a claim for disability early on, while their condition isn't too severe.

Anyone who is awarded a rating of 100% permanent and total disability are eligible to apply for Supplemental Security Income/Social Security Disability Insurance (SSI/SSDI). To help expedite the SSA application process, it's 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 there are no future tests scheduled.

Gathering Medical Evidence

If you are seeking to get your VA disability benefits approved you must provide medical evidence that the condition is serious and limiting. This can include private documents, a note from a doctor, or a different health care provider, who treats your condition. It can include videos or images showing your symptoms.

The VA is required by law to make reasonable efforts to acquire relevant evidence on behalf of you. This includes both federal and non-federal records (private medical records, for instance). The agency should continue to search for these types of records until it's certain they don't exist or further efforts would be futile.

The VA will then prepare an examination report once it has all of the required details. This report is often based on a claimant's symptoms and history. It is usually submitted to an VA Examiner.

This report is used to make a decision on the claim for disability benefits. If the VA finds that the condition is related to service, the claimant could be qualified for benefits. The veteran may appeal the VA decision in the event of disagreement by submitting a notice of disagreement and asking that an additional level of examiner look at their case. This is known as a Supplemental Statement of the Case. The VA can also decide to reopen an earlier denied claim in the event that it receives fresh and relevant evidence to support the claim.

How to File a Claim

The VA will need all your medical records, service and military to prove your disability claim. You can provide them by completing the eBenefits online application or in person at a local VA office, or by post using Form 21-526EZ. In certain situations, you may need to submit additional documents or forms.

Tracking down civilian medical records that confirm your condition is equally important. You can speed up the process by submitting complete addresses for medical facilities where you have received treatment, providing dates of treatment and being as specific as possible about what documents you're sending to the VA. Locating the location of any military medical records you have will allow the VA benefits division to get them as well.

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

If the VA determines that you're eligible for benefits, they will issue an official decision letter which includes an introduction the decision they made to approve or deny your claim. It also includes the rating and the specific disability benefit amount. If you are denied benefits, they will detail the evidence they looked over and the reasons for their decision. If you seek to appeal, the VA sends an Supplemental Case Statement (SSOC).

Get a Decision

It is crucial that claimants are aware of all the forms and documents required during the gathering and reviewing of evidence. The entire process could be slow if a document or document is not properly completed. It is essential that the claimants attend their scheduled examinations.

After the VA examines all evidence, they'll take an informed decision. This decision will either approve or deny the claim. If the claim is denied, it's possible to make a Notification of Disagreement (NOD) asking for an appeal against the decision.

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

During the SOC process it is also possible for a claimant to add additional information or have certain claims reviewed. This is referred to as Supplemental Claims or Higher-Level Review. It is also known as a Board Appeal. Adding new information to an existing claim could make the process easier. These appeals allow an experienced or firm senior law judge to examine the initial claim for disability again and possibly make a different decision.