How to File a Veterans Disability Claim
A claim for disability benefits for veterans disability attorney is a request for compensation due to an injury or disease related to military service. It could also be a claim for dependent spouses or children who are dependent.
A veteran may need to submit documents to support an application. Claimants can expedite the process by ensuring they keep appointments for medical exams and submitting the required documents promptly.
Identifying a disability
Injuries and illnesses that can result from service in the military, including muscles and joints (sprains or arthritis etc. Veterans are at risk of respiratory issues and hearing loss, among other illnesses. These injuries and illnesses are usually considered to be eligible for disability compensation at a much 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 have proof that it was a result of your active duty service. This includes medical records from private hospitals and clinics relating to the injury or illness aswell as statements made by family members and friends about the symptoms you experience.
The severity of your illness is a significant aspect. Younger vets can usually recover from some muscle and bone injuries as long as they work at it but as you become older the chances of recovering from these kinds of injuries decrease. This is why it is essential for veterans to file a claim for disability in the early stages, when their condition is still severe.
If you are a recipient of a rating of 100% permanent and total disability are eligible to apply for Supplemental Security Income/Social Security Disability Insurance (SSI/SSDI). It can be helpful to the Veteran if they provide the VA rating notification letter, which was 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 to have your VA disability benefits to be approved you must provide medical evidence that the condition is severe and disabling. This could be private records, a written letter from a doctor, or another health care provider, who treats your condition. It can also include photos or videos which show your symptoms.
The VA is legally required to make reasonable efforts to acquire relevant evidence on behalf of you. This includes federal records and non-federal records (private medical records, for instance). The agency must continue to search for these records until it is reasonably certain that they do not exist or any further efforts would be in vain.
The VA will then prepare an examination report after it has all the necessary information. It is based on the claimant’s medical history and symptoms and is usually submitted to an VA examiner.
The examination report is used to decide on the disability benefit claim. If the VA determines the condition is related to service, the claimant could be eligible for benefits. The veteran can appeal the VA decision when they disagree with the decision by submitting a formal notice of disagreement and asking an inspector at a higher level look into their case. This is referred to as a Supplemental State of the Case. The VA can also reopen an earlier denied claim if it receives new and relevant evidence to support the claim.
How to File 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 filling out an eBenefits application on the VA website, in person at the VA office near you, or via mail with Form 21-526EZ. In certain cases you may need to provide additional documents or statements.
It is also necessary to search for any medical records of a civilian that could support your medical health condition. You can speed up this process by submitting complete addresses of medical care facilities where you have received treatment, including dates of treatment, and being as specific as possible about what records you’re submitting to the VA. Locating the location of any medical records from the military you have will allow the VA benefits division to access them as well.
The VA will conduct an exam C&P after you have submitted the required documentation and medical evidence. This will include a physical exam of the affected part of your body and depending on how you’re disabled the lab work 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 decision letter that includes an introduction as well as a decision on whether to approve or deny your claim, a rating, and a specific disability benefit amount. If you are denied benefits, they will outline the evidence they looked over and their reasoning behind their decision. If you appeal the VA sends a Supplemental Case Report (SSOC).
Making a Decision
During the gathering and review of evidence phase it is essential that claimants stay on top of the forms and Veterans Disability documents they must submit. If a form is not completed correctly or the correct kind of document isn’t sent, the entire process can be delayed. It is also essential that claimants schedule appointments for exams and to attend them as scheduled.
The VA will make an ultimate decision after reviewing all the evidence. The decision is either to approve the claim or reject it. 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 prepare the Statement of Case (SOC). The SOC is an official record of all evidence considered, the actions taken, decisions made and the laws that govern those decisions.
During the SOC process, it is also possible for a claimant provide additional information or to be able to have certain claims re-judged. This is known as a Supplemental Claims or Higher-Level Review, also known as a Board Appeal. By adding new information to an existing claim can make the process easier. These appeals permit an experienced or senior law judge to consider the initial claim for disability and, if necessary, make a different decision.