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How to File a Veterans Disability Claim

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

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

Recognizing a disabling condition

Injuries and illnesses that can result from serving in the military, like musculoskeletal disorders (sprains or arthritis, etc. westbury veterans disability lawsuit are at risk of respiratory problems hearing loss, respiratory problems and other illnesses. These conditions and injuries are usually considered to be eligible for disability compensation at a more hefty rate than other conditions due to their long-lasting effects.

If you were diagnosed with an illness or injury during your time of service, the VA must be able to prove it was due to your active duty. This includes medical clinic records and private hospital records that relate to your illness or injury and also statements from friends and family regarding your symptoms.

The severity of your problem is a key aspect. Younger veterans can usually recover from some muscle and bone injuries when they are working at it but as you get older the chances of recovering from these types of conditions diminish. This is why it is crucial for veterans to file a claim for disability early, when their condition is still serious.

Those who receive a rating of 100 percent permanent and total disability are able to apply for Supplemental Security Social Security Disability Insurance (SSI/SSDI). It can be helpful to the Veteran to provide the VA rating notification letter that was issued by the regional office. The letter should state that the rating is “permanent”, and that no more tests are scheduled.

Gathering Medical Evidence

If you want the VA to accept your disability benefits, it needs medical evidence that a disabling condition exists and is severe. This could be private documents, a note from a physician, or another health care provider, who treats your condition. It can include videos or images that show your symptoms.

The VA must make reasonable efforts to obtain evidence relevant to your particular case. 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, any further efforts will be in vain.

The VA will prepare an examination report once it has all the necessary information. The report is usually based on a claimant’s symptoms and medical history. It is usually submitted to the VA Examiner.

This examination report is then used to make a decision on the disability claim. If the VA determines the condition is due to service, the applicant may be qualified for benefits. If the VA disagrees, the claimant can contest the decision by filing a Notice of Disagreement and requesting an examination by a higher-level official to review their case. This is referred to as a Supplemental State of the Case. The VA can also decide to reopen a previously denied claim if it is presented with new and relevant evidence to support the claim.

The process of filing a claim

The VA will need all your medical records, service and military to support your claim for disability. You can provide these by filling out the eBenefits application on the web in person at a local VA office or via mail using Form 21-526EZ. In some cases you may need to provide additional forms or statements.

Finding civilian medical records that can support your condition is also important. This process can be accelerated by providing the VA with the full address of the medical care facility where you received treatment. You should also provide the dates of your treatment.

Once you have completed all the necessary paperwork and medical evidence after which the VA will conduct a C&P exam. It will include a physical examination of the affected body part and, depending on your disability and the severity of your disability, may also include lab work or X-rays. The examiner will prepare the report and send it to the VA for review.

If the VA determines you are entitled to benefits, they will send an approval letter that contains an introduction the decision they made to approve or deny your claim, as well as the rating and the specific disability benefit amount. If you are denied benefits, they will outline the evidence they looked over and the reasons behind their decision. If you file an appeal the decision, the VA will send an additional Statement of the Case (SSOC).

Making a decision

It is essential that claimants are aware of the forms and documents needed during the gathering and reviewing of evidence. If a form hasn’t been filled out correctly or if the correct type of document isn’t provided, the entire process can be delayed. It is also crucial that claimants schedule appointments for examinations and be present at the time they are scheduled.

The VA will make an ultimate decision after reviewing all evidence. The decision will either be to approve or deny the claim. If the claim is denied, it is possible to submit a Notice of Disagreement (NOD) seeking an appeal of the decision.

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

During the SOC, a claimant may also add additional information to their claim or request that it be reviewed. This is called a Supplemental Claim or Higher-Level Review. Board Appeal. It is a good idea to add new information to the claim. These types of appeals allow senior reviewers or a hallandale beach veterans disability law firm law judge to go over the initial disability claim and potentially make a different decision.