How to File a Veterans Disability Claim

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

Veterans may be required to submit evidence in support of their claim. The claimant can speed the process by scheduling medical exam appointments and sending requested documents on time.

Identifying a Disabling Condition

Injuries and illnesses that result from serving in the military, such as muscular skeletal disorders (sprains, arthritis, etc. ) respiratory disorders and hearing loss are frequent among veterans disability lawyers. These illnesses and injuries are eligible for disability benefits at a higher percentage than other ailments due to the lasting effects.

If you were diagnosed with an injury or illness while on active duty and the VA will require proof that it was caused by your service. This includes both medical clinic records and private hospital records related to the injury or illness you suffered, as well as statements from relatives and friends regarding your symptoms.

A key consideration is how severe your situation is. Younger vets can usually recover from some bone and muscle injuries, as long as they work at it but as you become older the chances of recovering from these types of conditions decrease. This is why it is essential for Veterans Disability Law Firms to file a claim for disability early on, while their condition is not too severe.

The people who have been rated as having a permanent 100% and total disability could be eligible to apply for Social Security Disability Insurance/Supplemental Security Income (SSI/SSDI). It will be beneficial to the Veteran to present the VA rating notification letter sent by the regional office. The letter should state that the rating is "permanent", and that no further tests are scheduled.

Gathering Medical Evidence

If you wish the VA to accept your disability benefits, you must provide medical evidence that proves that a disabling condition exists and is severe. This could be private records, a letter from a physician, or a different health care provider, who treats your condition. It can also include photos or videos showing 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 has to continue to look for these records until it can be reasonably certain that they don't exist. Otherwise, further efforts will be futile.

Once the VA has all of the required information, it will prepare an examination report. The report is typically dependent on the claimant's symptoms and medical history. It is usually submitted to an VA Examiner.

This report is used to make a final decision regarding the claim for disability benefits. If the VA decides that the condition is service connected the claimant will receive benefits. The veteran may appeal against a VA decision in the event of disagreement with the decision by submitting a formal notice of disagreement, and requesting an inspector at a higher level look into their case. This is known as a Supplemental State of the Case. The VA may also allow a reopening of an earlier denied claim if they are provided with new and relevant evidence to justify the claim.

How to File a Claim

To support your claim for disability benefits, the VA will need all of your medical records and service records. You can submit these by filling out the eBenefits application on the web in person at a local VA office, or by mail using Form 21-526EZ. In certain cases, you must submit additional documents or statements.

It is also necessary to search for any medical records from a civilian source that could support your medical health condition. This process could be made faster by providing the VA with the full address of the medical facility where you received treatment. Also, you should provide the dates of treatment.

The VA will conduct an exam C&P once you have submitted the necessary documents and medical evidence. This will include a physical exam of the affected part of your body. Additionally depending on how you're disabled, lab work or X rays may be required. The doctor will then write an examination report and submit it to the VA to be reviewed.

If the VA determines you are eligible for benefits, they will send a decision letter with an introduction, their decision to approve or deny your claim and an assessment and specific disability benefit amount. If you are denied, they'll detail the evidence they looked over and the reason for their decision. If you file an appeal the VA sends a Supplemental Case Report (SSOC).

Getting a Decision

It is crucial that claimants are aware of all the forms and documents required during the gathering and reviewing evidence. The entire process can be slowed down if a form or document is not properly completed. It is also crucial that claimants keep appointments for exams and to be present at the time they are scheduled.

After the VA examines all evidence, they'll make the final decision. The decision will either be to decide to approve or deny it. If the claim is denied, it is possible to submit a Notice of Disagreement (NOD) asking for an appeal of the decision.

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

During the SOC process it is also possible for a claimant to add new 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. By adding new information to an existing claim may aid in speeding up the process. These appeals allow an experienced or senior law judge to review the initial claim for disability and make a new decision.