10 Facebook Pages That Are The Best Of All-Time About Veterans Disability Legal

How to File a Veterans Disability Claim

A claim for disability from a veteran is a request for compensation due to an injury or illness related to military service. It can also be for dependent spouses or children who are dependent.

A veteran may need to provide evidence to support the claim. Claimants can speed up the process by keeping their appointments for medical exams and submitting their requested documents on time.

Identifying the Disabling Condition

Injuries and illnesses that can result from service in the military, such as musculoskeletal disorders (sprains arthritis, sprains etc. veterans disability lawyers are prone to respiratory problems hearing loss, respiratory problems and other ailments. These conditions and injuries are typically approved for disability compensation at a more hefty rate than other conditions due to their long-lasting effects.

If you were diagnosed with an illness or injury while on active duty or in the military, the VA will require proof this was caused by your service. This includes medical records from private hospitals and clinics that relate to the injuries or illnesses as well the statements of friends and family about the symptoms you experience.

The most important thing to consider is how severe your condition is. If you work hard younger vets are able to recover from certain muscle and bone injuries. As you get older however, your chances of recovery diminish. It is important that veterans submit a claim for disability even if their condition is serious.

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

Gathering Medical Evidence

If you wish to have your VA disability benefits approved it will require medical evidence that proves the condition is serious and limiting. This could be private medical records, a statement from a doctor or another health care provider who treats your condition, and evidence in the form of pictures and videos that illustrate your symptoms or injuries.

The VA must make reasonable efforts to obtain evidence relevant to your particular case. This includes both federal and non-federal records (private medical records, for example). The agency must continue to search for these types of records until it's reasonably certain they don't exist or further efforts would be in vain.

The VA will then create an examination report when it has all of the required details. This is based upon the claimant's past and present symptoms and is usually submitted to an VA examiner.

This report is used to make a determination on the disability claim. If the VA finds the condition to be related to service, the claimant could be entitled to benefits. If the VA disagrees, the veteran may contest the decision by filing an Notice of Disagreement and requesting an examination by a higher-level official to review their case. This is referred to as a Supplemental State of the Case. The VA may also reopen a previously denied claim in the event that it receives fresh and relevant evidence to back the claim.

How to File a Claim

To support your claim for disability, the VA will require 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 an VA office near you, or via mail with Form 21-526EZ. In some cases you may require additional documents or forms.

Finding civilian medical records that confirm your condition is also crucial. This process can be made easier by providing the VA with the full address of the medical facility where you received treatment. You must also give the dates of your treatment.

The VA will conduct an exam C&P once you have submitted the required paperwork and medical evidence. This will involve an examination of the body part affected and, depending on your disability it could include lab work or X-rays. The examiner will prepare an assessment report and then send it to the VA to be reviewed.

If the VA decides you are eligible for benefits, they will send you a decision letter which includes an introduction as well as a decision on whether to approve or deny your claim a rating, and the specific amount of disability benefit. If you are denied benefits, they will outline the evidence they considered and their reasoning behind their decision. If you seek to appeal, the VA will send a Supplemental Case Report (SSOC).

Make a Choice

During the gathering and review of evidence phase it is crucial for firms claimants to be aware of all forms and documents that they have to submit. If a form hasn't been filled out correctly or if the proper type of document isn't sent, the entire process can be delayed. It is crucial that applicants attend their scheduled tests.

The VA will make the final decision after examining all the evidence. The decision is either to decide to approve or refuse it. If the claim is denied, it is possible to submit a Notice of Disagreement (NOD) in order to request an appeal of the decision.

If the NOD is filed the next step in the process is having a Statement of the Case (SOC) completed. The SOC is an official record of the evidence of the case, the actions taken the decisions taken, and the laws that govern the decisions.

During the SOC an applicant can also include additional information to their claim, or get it re-judged. This is referred to as Supplemental Claims, Higher-Level Review, or Board Appeal. It is possible in bringing new information into an appeal. These types of appeals permit senior reviewers or a veteran law judge to look over the initial disability claim again and possibly make a different decision.