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How to File a Veterans Disability Claim

A claim for disability benefits for veterans is a request for compensation for an injury or illness that is connected to military service. It can also be for dependent spouses or children who are dependent.

A veteran might have to provide documents to support a claim. Claimants can accelerate the process by making sure they attend their medical appointments and submitting requested documents promptly.

Identifying a disability

The military can cause injuries and illnesses, such as arthritis, musculoskeletal disorders and sprains. alpena veterans disability attorney are prone to respiratory problems hearing loss, respiratory problems and other illnesses. These ailments and injuries are considered to be disability-related more frequently than other conditions due to their long-lasting consequences.

If you were diagnosed with an injury or illness during your time of service or during your service, the VA must prove it was due to your active duty service. This includes medical records from private hospitals and clinics related to the injuries or illnesses as well as statements made by family and friends regarding your symptoms.

The severity of your illness is a major factor. If you are a hard worker younger vets are able to recover from certain muscle and bone injuries. As you get older however, the chances of regaining your health diminish. It is imperative that veterans make a claim for disability when their condition is serious.

People who have been classified as having a permanent 100% and total disability might be eligible to apply for Social Security Disability Insurance/Supplemental Security income (SSI/SSDI). In order to speed up the SSA application process, it’s beneficial for the Veteran to provide their VA rating notification letter from the regional office. It confirms the rating as “permanent” and states that no further exams are scheduled.

Gathering Medical Evidence

If you’d like to have your VA disability benefits approved it will require medical evidence that proves the medical condition is severe and incapacitating. This could be private documents, a letter from a doctor or another health care provider who treats your illness. It could also include pictures or videos that demonstrate your symptoms.

The VA is required by law to make reasonable efforts to obtain relevant evidence on your behalf. This includes federal records and non-federal records (private medical records, for example). The agency is required to search for these records until it’s certain that they do not exist or further efforts would be useless.

Once the VA has all the required information the VA will prepare an examination report. This report is typically based on a claimant’s symptoms and medical history. It is typically submitted to a VA Examiner.

The examination report is used to decide on the disability claim. If the VA determines the condition is service-related, the claimant may be qualified for benefits. If the VA disagrees, the veteran can appeal the decision by filing an Notice of Disagreement and asking for an additional examiner to look into their case. This is known as a Supplemental State of the Case. The VA can also decide to reopen an earlier denied claim if it receives new and relevant evidence to justify the claim.

How to File a Claim

The VA will require all your medical, service and military records to support your disability claim. You can submit these by filling out the eBenefits website application, in person at a local VA office or via mail using Form 21-526EZ. In certain cases, you must submit additional documents or statements.

Finding 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’ve received treatment, providing dates of treatment, and being as specific as you can about the records you are sending the VA. Identifying the locations of any military medical records you have will allow the VA benefits division to access those as well.

Once you have submitted all the necessary paperwork and medical documentation, the VA will conduct a C&P examination. This will include an examination of the affected area of your body. Also, depending on how you are disabled the lab work or X-rays could be required. The doctor will create a report, which he or firm she will submit to the VA.

If the VA determines that you are eligible for benefits, they will send you a decision letter that includes an introduction and a decision to either approve or deny your claim an assessment and an exact amount of disability benefits. If you are denied benefits, they will discuss the evidence they looked over and the reasons behind their decision. If you file an appeal, the VA will send an Supplemental Case Statement (SSOC).

Making a decision

It is important that claimants are aware of all the forms and documentation required during the gathering and review of evidence phase. If a document isn’t completed correctly or the correct type of document isn’t provided then the entire process will be delayed. It is crucial that applicants take their exams on time.

After the VA reviews all the evidence, they’ll come to the final decision. The decision can either approve the claim or refuse it. If the claim is denied, it is possible to file a Notice of Disagreement (NOD) seeking an appeal against the decision.

The next step is to write the Statement of Case (SOC). The SOC is an accounting of all the evidence considered, the actions taken, decisions made and the laws that govern the decision.

During the SOC the claimant may also add new information to their claim or get it re-judged. This is referred to as Supplemental Claims or Higher-Level Review. It is also known as a Board Appeal. It can be beneficial to add more information to the claim. These types of appeals permit an older reviewer or veteran law judge to look over the initial disability claim and potentially make a different decision.