How to File a Veterans Disability Claim

A claim for disability from a veteran is a claim for compensation for an illness or injury that is connected to military service. It could also be for dependent spouses or children who are dependent.

veterans disability law firm may be required to provide proof in support of their claim. Claimants can expedite the process by scheduling appointments for medical examinations and submitting requested documents promptly.

Identifying a Disabling Condition

Injuries and illnesses that result from serving in the military, such as muscular skeletal disorders (sprains arthritis, sprains and so on. ) respiratory disorders and hearing loss are common among veterans. These illnesses and injuries are usually approved for disability compensation at a higher rate than other conditions because they cause long-lasting effects.

If you've been diagnosed with an illness or injury during your service and you were unable to prove it, the VA must be able to prove it was a result of your active duty. This includes medical documents from private hospitals and clinics that relate to the injuries or illnesses as well statements from relatives and friends regarding your symptoms.

The severity of your problem is a major aspect. If you're active younger vets may recover from certain bone and muscle injuries. As you get older, however, your chances of regaining your health diminish. It is important that Blaine hampton veterans disability law firm Disability Attorney (Vimeo.Com) file a claim for disability even if their condition is grave.

If you have been assessed as having a permanent 100% and total disability could be eligible to apply for Social Security Disability Insurance/Supplemental Security Income (SSI/SSDI). To speed up the SSA application process, it is beneficial for the Veteran to provide their VA rating notification letter from the regional office that confirms the rating as "permanent" and also states that no further exams are scheduled.

Gathering Medical Evidence

If you wish the VA to accept your disability benefits, it must have medical evidence that proves that a disabling condition is present and severe. This can include private medical records, a letter from a doctor or another health care professional who treats your condition, as well as evidence in the form of pictures and videos that show your physical symptoms or Blaine Veterans Disability Attorney injuries.

The VA must make reasonable efforts to collect evidence relevant to your particular case. This includes both federal and non-federal records (private medical records, for example). The agency will continue to look for these records until it can be fairly certain that they don't exist. Otherwise, further efforts will be in vain.

Once the VA has all the information required it will then prepare an examination report. This is based upon the claimant's medical history and symptoms and is usually submitted to an VA examiner.

This report is used to determine on the claimant's disability benefits. If the VA decides that the condition is service-related, the claimant may be eligible for benefits. If the VA disagrees, the claimant may contest the decision by filing an Notice of Disagreement and asking for an examination by a higher-level official to review their case. This is known as a Supplemental State of the Case. The VA may also allow a reopening of an appeal that was previously denied in the event that it receives fresh and relevant evidence that supports the claim.

Making a Claim

To support your claim for disability, the VA will need all of your medical records and service records. You can submit these documents by completing an eBenefits application on the VA website, in person at a VA office near you or via mail using Form 21-526EZ. In some instances you will need to submit additional documents or statements.

Tracking down civilian medical records that can support your condition is also crucial. This process could be made faster by providing the VA with the full address of the medical care facility where you received treatment. It is also important to provide dates of treatment.

The VA will conduct an exam C&P after you have provided the required documentation and medical evidence. This will include a physical exam of the affected part of your body. Also depending on how you're disabled testing with a lab or X rays may be required. The doctor will then write a report and send it to the VA to be reviewed.

If the VA determines that you're eligible for benefits, they will send you a letter of decision that includes an introduction, a decision to approve or reject your claim, a rating and an exact amount of disability benefits. If you are denied, they'll provide the evidence they analyzed and the reasons for their decision. If you seek to appeal, the VA will send an Supplemental Case Statement (SSOC).

Making a Decision

It is crucial that claimants are aware of all the forms and documents that are required during the gathering and reviewing evidence. If a document isn't completed correctly or the proper type of document isn't submitted, the entire process can be delayed. It is also essential that applicants keep appointments for examinations and attend them as scheduled.

After the VA reviews all the evidence, they will make the final decision. This decision will either decide to approve or deny the claim. If the claim is denied, it's possible to submit 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, actions taken, decisions made and the laws governing the decisions.

During the SOC, a claimant can also add additional details to their claim or request that it be re-judged. This is called a Supplemental Claim or Higher-Level Review, also known as a Board Appeal. By adding new information to an existing claim could make the process easier. These types of appeals permit an experienced reviewer or veterans law judge to go over the initial disability claim again and even make a different decision.