The 10 Most Scariest Things About Veterans Disability Legal

How to File a Veterans Disability Claim

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

Veterans could be required to submit proof in support of their claim. Claimants can accelerate the process by keeping their appointments for medical examinations and submitting requested documents promptly.

Identifying a Disabling Condition

The military can cause injuries and illnesses, such as arthritis, musculoskeletal disorders and sprains. veterans disability attorney are at risk of respiratory issues hearing loss, respiratory problems and other ailments. These conditions and injuries are considered to be disability-related more frequently than other conditions due to their long-lasting effects.

If you were diagnosed with an injury or illness while on active duty then the VA will require proof that it was caused by your service. This includes medical clinic records and private hospital records relating to your injury or illness, as well as the statements of relatives and friends regarding your symptoms.

The severity of your illness is a major factor. Veterans who are younger can generally recover from a few muscle and bone injuries when they put their efforts into it, but as you get older, your chances of recovering from these conditions diminish. This is why it's vital for veterans to file a disability claim in the early stages, when their condition is still severe.

Anyone who is awarded an assessment of 100 percent permanent and total disability are able to apply for Supplemental Security Income/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. This letter should indicate that the rating is "permanent", and that no further exams are scheduled.

Gathering Medical Evidence

If you'd like the VA to accept your disability benefits, they require medical evidence that proves that a disabling condition exists and is severe. This could include private medical records, a declaration by a doctor or health care professional who treats your condition, as well as evidence by way of photographs and videos that illustrate the signs or injuries you have suffered.

The VA is legally required to make reasonable efforts to acquire relevant evidence on your behalf. This includes both federal and non-federal records (private medical records, for example). The agency will continue to search for these records until it is reasonably certain that they don't exist. Otherwise, further efforts will be futile.

When the VA has all the necessary information the VA will prepare an examination report. This is based on the claimant's medical history and symptoms and is usually submitted to a VA examiner.

This examination report is then used to determine if there is a need for a decision on the disability benefit claim. If the VA determines that the condition is a result of service the claimant is awarded benefits. Veterans can appeal the VA decision if they disagree by submitting a notice of disagreement and asking that an examiner at a higher level review their case. This is known as a Supplemental Statement of the Case. The VA can also reconsider an earlier denied claim if they receive new and relevant evidence to back the claim.

How to File a Claim

The VA will require all your medical, service and military records to support your disability claim. 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 with Form 21-526EZ. In some instances you'll need to fill out additional documents or statements.

The search for medical records of civilians which support your medical condition is also crucial. You can speed up this process by providing complete addresses for medical care facilities where you've received treatment, including dates of treatment, and being as specific as possible about what records you're submitting to the VA. Finding the location of any medical records from the military you have will enable the VA benefits division to access those as well.

The VA will conduct an examination C&P after you have submitted the necessary documents and medical evidence. This will consist of physical examination of the affected area of your body. Moreover, depending on how you're disabled, lab work or X-rays may be required. The examiner will then create a report and send it to the VA to be reviewed.

If the VA determines that you are eligible for benefits, they will send you a letter of decision that includes an introduction as well as a decision on whether to approve or deny your claim, an assessment and a specific disability benefit amount. If you are denied benefits, they will explain the evidence they looked over and the reasons behind their decision. If you contest the decision, the VA will send a Supplemental Statement of the Case (SSOC).

Getting a Decision

During the gathering and reviewing of evidence it is crucial for claimants to be aware of the forms and documents they are required to submit. If a document isn't filled out correctly or if the proper type of document isn't submitted, the entire process can be delayed. It is imperative that claimants attend their scheduled examinations.

After the VA examines all the evidence, they will make a decision. The decision can either be in favor or against the claim. If the claim is rejected, you can make a notice of Disagreement to request an appeal.

If the NOD is filed then the next step in the process is to have a Statement of the Case (SOC) completed. The SOC is an official record of all evidence considered, the actions taken, the decisions made, and the laws that govern the decisions.

During the SOC, a claimant can also add new information to their claim or request that it be reviewed. This is known as a Supplemental Claims, Higher-Level Review, or Board Appeal. By adding new information to an existing claim may assist in expediting the process. These types of appeals allow a senior reviewer or a veterans law judge to go over the initial disability claim and possibly make a different decision.