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How to File a Veterans Disability Claim

Veterans should seek the assistance of an accredited Veteran Service Officer (VSO). VSOs are located in every county, as well as many federally recognized tribes.

The Supreme Court on Monday declined to hear a case that could have opened the way for veterans disability lawsuits to receive backdated disability compensation. The case concerns a Navy veteran who was on an aircraft carrier that crashed with another vessel.

Signs and symptoms

Veterans must have a medical problem that was caused by or aggravated during their time of service to qualify for disability compensation. This is referred to as “service connection”. There are many ways veterans can demonstrate service connection that include direct, presumptive, secondary and indirect.

Certain medical conditions are so serious that a veteran can’t continue to work and may require specialized treatment. This could result in permanent disability and TDIU benefits. Generally, a veteran must have a single disability that is service-connected with a rating of 60% or more in order to be eligible for TDIU.

The most common claims for VA disability benefits relate to musculoskeletal disorders and injuries like knee and back pain. These conditions must have persistent, recurring symptoms, and medical evidence that links the initial problem to your military service.

Many veterans disability lawyers claim a secondary connection to service for ailments and conditions that aren’t directly a result of an event in service. Examples of secondary conditions include PTSD and military sexual trauma. A disabled veterans’ lawyer can assist you with gathering the required documentation and then evaluate it against VA guidelines.

COVID-19 can be associated with a variety of residual conditions that are listed as “Long COVID.” These include joint pains, to blood clots.

Documentation

If you are applying for veterans disability benefits When you apply for benefits for veterans disability, the VA will require medical evidence to justify your claim. The evidence may include medical documents from your VA doctor as well as other doctors such as X-rays, diagnostic tests and X-rays. It must be able to prove that your medical condition is connected to your military service and that it is preventing you from working or engaging in other activities you once enjoyed.

A statement from your friends and family members can also be used as proof of your symptoms and how they impact your daily routine. The statements should be written not by medical professionals, and should include their own personal observations on your symptoms as well as the impact they have on you.

All evidence you supply is kept in your claim file. It is crucial to keep all documents together and don’t miss any deadlines. The VSR will examine your case and then make the final decision. The decision will be communicated to you in writing.

This free VA claim checklist will help you to get an idea of the documents you need to prepare and how to organize them. It will aid you in keeping the records of the documents and dates that they were submitted to the VA. This is particularly useful when you need to appeal after the denial.

C&P Exam

The C&P Exam is a key role in your disability claim. It determines how severe your condition is and what kind of rating you get. It also forms the basis for many of the other pieces of evidence in your case, including your DBQ (Disability Benefits Questionnaire) and any medical records that you provide to VA.

The examiner can be a medical professional employed by the VA or an independent contractor. They must be acquainted with your specific condition that they are examining the exam. It is therefore important that you bring your DBQ together with all other medical records to the exam.

Also, you must be honest about your symptoms and attend the appointment. This is the only way they can understand and record your actual experience with the disease or injury. If you cannot attend your scheduled C&P examination, call the VA medical center or your regional office immediately and let them know you need to make a change to the date. Be sure to provide an excuse for not attending the appointment, for example, an emergency or a serious illness in your family or an event that is significant to your health that was beyond your control.

Hearings

You can appeal any decision taken by the regional VA Office to the Board of Veterans Appeals if you disagree with. When you file a Notification Of Disagreement, an hearing can be scheduled to hear your claim. The kind of BVA hearing will be based on your specific situation and what you believe was wrong with the initial decision.

At the hearing you will be admitted to the court, and the judge will ask questions to gain a better understanding of your case. Your attorney will help answer these questions in a manner that is most beneficial to your case. You may add evidence to your claim file if needed.

The judge will take the case under advisement. This means they will look at the evidence presented at the hearing, the information contained in your claim file, and any additional evidence you submit within 90 days of the hearing. The judge will then issue a decision on your appeal.

If the judge decides that you are unfit to work as a result of your service-connected issues the judge may award you total disability based upon individual unemployedness (TDIU). If you aren’t awarded this level of benefits, you may be awarded a different one like schedular or extraschedular disability. It is important to demonstrate how your various medical conditions affect your ability to work during the hearing.