How to File a Veterans Disability Claim
A claim for disability from a veteran is a claim for the payment of compensation due to an illness or injury that is connected to military service. It could also be a claim for dependent spouses or children who are dependent.
veterans disability litigation could be required to provide proof to support their claim. The claimant can speed the process by ensuring they keep appointments for medical examinations and sending requested documents promptly.
Identifying a disabling condition
The possibility of ill-health and injuries that result from service in the military, including muscular skeletal disorders (sprains arthritis, sprains, etc. veterans disability attorney (this hyperlink) are more susceptible to respiratory problems hearing loss, respiratory problems and other illnesses. These injuries and illnesses are usually approved for disability compensation at a higher rate than other ailments because they have long-lasting effects.
If you were diagnosed with an injury or illness while on active duty or in the military, the VA will require evidence that the cause was your service. This includes medical documents from private hospitals and clinics related to the illness or injury as well the statements of family members and friends about the symptoms you experience.
The severity of your problem is a key aspect. If you work hard younger vets are able to recover from certain muscle and bone injuries. As you get older, however, your chances of recovering diminish. It is imperative that veterans disability lawyers submit a claim for disability while their condition is still grave.
Anyone who is awarded an assessment of 100% permanent and total disability are able to apply for Supplemental Security Income/Social Security Disability Insurance (SSI/SSDI). To speed up the SSA application process, it is beneficial to have the Veteran provide their VA rating notification letter from the regional office. This letter confirms the rating as “permanent” and indicates that no further exams are scheduled.
Gathering Medical Evidence
If you want your VA disability benefits to be approved the benefits will require medical evidence that the medical condition is severe and incapacitating. This could include private medical records, a declaration from a doctor or other health care provider treating your condition, as well as evidence that can be in the form pictures and videos that demonstrate your physical symptoms or injuries.
The VA is legally required to make reasonable efforts to acquire relevant evidence on behalf of you. This includes federal records as well as non-federal records (private medical records, for example). The agency must continue to search for these types of records until it is certain they don’t exist or any further efforts would be useless.
When the VA has all of the required information, it will prepare an examination report. The report is based on claimant’s past and present symptoms and is often submitted to a VA examiner.
This report is used to make a decision on the disability claim. If the VA determines that the condition is a result of service, the applicant will be granted benefits. The veteran may appeal a VA decision in the event that they disagree, by filing a written notice of disagreement and asking an inspector at a higher level look into their case. This process is referred to as a Supplemental Statement of the Case. The VA can also reopen an earlier denied claim if it receives new and relevant evidence to back the claim.
How to File a Claim
To prove your claim for disability benefits, the VA will require all of your medical and service records. They can be provided by filling out the eBenefits website application in person at a local VA office, or by mail using Form 21-526EZ. In certain cases you’ll need to fill out additional documents or statements.
Tracking down civilian medical records that support your condition is also crucial. This process can be accelerated by providing the VA with the exact address of the medical care facility where you received treatment. Also, you should give the dates of your treatment.
The VA will conduct an examination C&P after you have provided the necessary documentation and medical evidence. This will involve an examination of the affected part of your body. Additionally depending on how you’re disabled, lab work or X-rays may be required. The examiner will prepare the report and send it to the VA for review.
If the VA determines that you’re entitled to benefits, they will issue a decision letter that includes an introduction the decision they made to approve or deny your claim. They will also provide a rating and a specific disability benefit amount. If you are denied, they’ll detail the evidence they looked over and the reason they came to their decision. If you appeal the VA sends a Supplemental Case Report (SSOC).
Make a decision
During the gathering and reviewing of evidence phase it is crucial for claimants to be aware of all forms and documents that they are required to submit. If a form hasn’t been completed correctly or the correct type of document isn’t presented, the entire process can be delayed. It is essential that the claimants attend their scheduled tests.
The VA will make a final decision after reviewing all the evidence. The decision is either to accept or reject it. If the claim is denied you may make a notice of Disagreement to request an appeal.
The next step is to prepare the Statement of Case (SOC). The SOC is an account of all the evidence considered, actions taken, decisions made and the laws governing the decision.
During the SOC an applicant can also provide additional details to their claim or veterans disability attorney request that it be re-judged. This is referred to as a Supplemental Claim or Higher-Level review, or Board Appeal. It is a good idea to add additional information to a claim. These types of appeals permit an experienced reviewer or veterans disability attorneys law judge to go over the initial disability claim and, if necessary, make a new decision.