How to File a Veterans Disability Claim

Veterans should seek the assistance of an accredited Veteran Service Officer (VSO). VSOs can be found in every county, and there are many federally recognized tribal nations.

The Supreme Court declined to hear an appeal on Monday which could have allowed veterans to receive disability benefits retroactively. The case concerns a Navy Veteran who served on an aircraft carrier that crashed into another ship.

Signs and symptoms

Veterans need to have a medical condition that was caused by or worsened through their service in order to receive disability compensation. This is referred to as "service connection." There are many ways that veterans can demonstrate their service connection, including direct or indirect, and even presumptive.

Some medical conditions can be so severe that a veteran is unable to work and may require specialized treatment. This could lead to permanent disability ratings and TDIU benefits. In general, veterans must have a single disability that is service-connected that is assessed at 60% or higher to be eligible for TDIU.

The most common claims for VA disability benefits are attributed to musculoskeletal injuries or disorders like knee and back pain. In order for these conditions to qualify for a disability rating, there must be persistent and recurring symptoms that are supported by solid medical evidence proving the cause of the problem to your military service.

Many veterans claim service connection as a secondary cause for illnesses and conditions which are not directly connected to an incident in the service. PTSD and sexual trauma in the military are a couple of examples of secondary conditions. A disabled veterans disability lawsuit' lawyer can help you gather the required documentation and then compare it to the VA guidelines.

COVID-19 is associated with range of conditions that are not treated that are listed as "Long COVID." These can range from joint pains to blood clots.

Documentation

When you apply for veterans disability benefits When you apply for benefits for veterans disability, the VA must provide medical evidence to support your claim. Evidence can include medical records, X-rays and diagnostic tests from your VA doctor as well as other doctors. It must prove the connection between your illness and to your military service and that it prevents your from working or performing other activities you previously enjoyed.

You may also use the words of a friend or family member to prove your symptoms and the impact they have on your daily life. The statements must be written by people who are not medical professionals and they must provide their own personal observations about your symptoms and how they affect you.

The evidence you provide is all kept in your claims file. It is important to keep all the documents together, law and to not miss deadlines. The VSR will review your case and make an official decision. You will receive the decision in writing.

You can get an idea of what to prepare and the best way to organize it using this free VA claim checklist. It will aid you in keeping track of the documents and dates that they were given to the VA. This is particularly useful in the event that you have to file an appeal in response to an appeal denial.

C&P Exam

The C&P Exam plays a vital role in your disability claim. It determines how severe your condition is and the kind of rating you will receive. It is also used to determine the severity of your condition and the kind of rating you will receive.

The examiner can be a medical professional employed by the VA or an independent contractor. They are required to be familiar with the specific circumstances for which they will be conducting the exam, so it's critical that you have your DBQ along with all your other medical records accessible to them prior to the exam.

It's also critical that you show up for the appointment and be honest with the examiner about the symptoms you're experiencing. This is the only way that they will be able to understand and document your exact experience with the disease or injury. If you are unable attend your scheduled C&P exam, be sure to notify the VA medical center or your regional office as quickly as you can. Let them know that you're required to change the date. Be sure to provide a good reason for missing the appointment, for example, an emergency or a major illness in your family or an event in your medical history that was out of your control.

Hearings

If you are not satisfied with any decision made by the regional VA office, you can appeal the decision to the Board of Veterans Appeals. A hearing on your claim can be scheduled once you submit a Notice of Disagreement (NOD). The type of BVA hearing will be based on your specific situation and the reason for your disagreement with the original decision.

The judge will ask questions during the hearing to better understand your case. Your lawyer will assist you to answer these questions in a way that is most beneficial for your case. You can add evidence to your claim file, if required.

The judge will consider the case under advisement. This means they will take into consideration what was said at the hearing, the information contained in your claims file and any additional evidence you provide within 90 days after the hearing. The judge will then make a final decision on appeal.

If the judge decides you are unable to work because of your service-connected illness, they may give you total disability that is based on individual unemployedness. If you don't receive this amount of benefits, you may be awarded a different type that is schedular or extraschedular disability. It is important to prove how your various medical conditions impact the ability of you to work during the hearing.