How to File a Veterans Disability Claim
A veterans disability claim is a claim for compensation due to an injury or illness related to military service. It could also be a claim for dependent spouses or children who are dependent.
A veteran may have to submit documents to support a claim. The claimant can speed the process by keeping medical exam appointments and sending documents requested promptly.
Recognizing a disabling condition
The military can cause injuries and illnesses, such as arthritis, musculoskeletal disorders and injuries. Veterans are susceptible to respiratory issues, loss of hearing and other illnesses. These conditions and injuries are usually considered to be eligible for disability compensation at a higher rate than other conditions due to their long-lasting effects.
If you were diagnosed with an illness or injury during your service or during your service, the VA must have proof that it was due to your active duty. This includes medical records from private hospitals as well as clinics related to the injuries or illnesses as well as statements made by relatives and friends regarding your symptoms.
The severity of your issue is a key aspect. If you work hard young vets can recover from certain muscle and bone injuries. As you age, however, your chances of recovering decrease. This is why it is vital for veterans disability attorney to file a disability claim early, when their condition is not too severe.
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 helpful for the Veteran to submit their VA rating notification letter from the regional office. It identifies the rating as “permanent” and also indicates that there are no future tests scheduled.
Gathering Medical Evidence
If you are seeking to get your VA disability benefits approved it will require medical evidence that the condition is serious and limiting. This could include private documents, a note from a doctor or other health care provider who treats your condition. It could also include images or videos that demonstrate your symptoms.
The VA must make reasonable efforts in order to collect evidence relevant to your particular case. This includes both federal and non-federal records (private medical records, for example). The agency should continue to seek these kinds of records until it’s reasonably certain that they don’t exist, or any further efforts would be useless.
The VA will create an examination report when it has all the relevant details. The report is typically built on the claimant’s condition and their history. It is usually submitted to a VA Examiner.
This report is used to make a determination regarding the claim for disability benefits. If the VA decides that the condition is service connected, the claimant is awarded benefits. A veteran can appeal a VA decision in the event of disagreement by submitting a notice of disagreement and asking that an additional level of examiner look at their case. This is known as a Supplemental State of the Case. The VA may also allow a reopening of an earlier denied claim if it receives new and relevant evidence to justify the claim.
How to File a Claim
To support your claim for disability benefits, the VA will require all of your medical records and service records. You can submit these documents by completing an eBenefits application on the VA website or in person at a VA office near you or via mail with Form 21-526EZ. In some instances, you might require additional documents or forms.
It is also essential to find any medical records from the civil service that can support your health condition. You can make this process faster by submitting complete addresses of medical care centers where you’ve received treatment, submitting dates of treatment, and being as precise as you can about the records you’re submitting to the VA. The location of any medical records from the military you have will enable the VA benefits division to access those as well.
Once you have submitted all required documentation and medical proof After you have submitted all the required paperwork and medical evidence, the VA will conduct the C&P examination. It will include an examination of the body part affected and, depending on your disability it may include lab tests or X-rays. The doctor will then write an examination report and submit it to the VA to be reviewed.
If the VA determines that you’re entitled to benefits, they’ll send a decision letter that includes an introduction the decision they made to approve or deny your claim. It also includes the rating and the specific disability benefit amount. If you are denied benefits, they will explain what evidence they reviewed and the reason for their decision. If you file an appeal the VA sends a Supplemental Case Statement (SSOC).
Making a Choice
It is essential that claimants are aware of the forms and documents required during the gathering and reviewing evidence. The entire process can be delayed if a form or document is not properly completed. It is imperative that claimants attend their scheduled tests.
The VA will make an ultimate decision after reviewing all evidence. This decision will either accept or refuse it. If the claim is denied, you can make a notice of Disagreement to seek an appeal.
If the NOD is filed the next step of the process is to obtain an Statement of the Case (SOC) completed. The SOC is an account of all the evidence considered, actions taken, the decisions made, and the laws governing the decision.
During the SOC the claimant may also provide additional information to their claim or get it re-judged. This is called a Supplemental Claim, Higher-Level Review or Board Appeal. Adding new information to an existing claim can make the process easier. These appeals permit a senior judge or veteran law judge to look over the initial claim for disability again and possibly make a different decision.