How to File a Veterans Disability Claim

A claim for disability from a veteran is an application for compensation for firms an injury or illness relating to military service. It could also be a claim for dependency and indemnity payment (DIC) for surviving spouses and dependent children.

A veteran may need to submit evidence in support of the claim. The claimant can speed the process by ensuring they keep appointments for firms medical examinations and sending requested documents on time.

Identifying a condition that is disabling

Injuries and illnesses that result from serving in the military, such as muscular skeletal disorders (sprains, arthritis, etc. Veterans are at risk of respiratory issues as well as hearing loss and other ailments. These ailments and injuries are typically approved for disability compensation at a much higher rate than other ailments because they have long-lasting effects.

If you were diagnosed with an illness or injury while on active duty and the VA will require evidence that the cause was your service. This includes medical documents from private hospitals and clinics related to your injuries or illnesses as well statements from friends and family about the symptoms you experience.

The severity of your illness is a key factor. Younger vets can usually recover from some bone and muscle injuries if they work at it however as you grow older, the likelihood of recovery from these kinds of injuries decrease. It is imperative that veterans disability law firms file a claim for disability when their condition remains serious.

People who have been classified as having a 100% permanent and total disability could be eligible to apply for Social Security Disability Insurance/Supplemental security Income (SSI/SSDI). To expedite the SSA application process, it is helpful to have the Veteran provide their VA rating notification letter from the regional office that confirms the rating as "permanent" and also states that there are no future tests scheduled.

Gathering Medical Evidence

If you want your VA disability benefits approved it will require medical evidence proving that the illness is severe and debilitating. This can be evidenced by private documents, a note from a physician, or another health professional who treats your condition. It could also include pictures or videos showing your symptoms.

The VA must make reasonable efforts to collect evidence relevant to your case. This includes federal records as well as non-federal records (private medical records, for example). The agency has to continue to look for these records until it is reasonably certain that they don't exist. Otherwise, any further efforts will be futile.

The VA will then prepare an examination report after it has all the required details. It is based on the claimant's history and symptoms and is often submitted to an VA examiner.

This examination report is then used to decide on the disability benefit claim. If the VA decides that the disability condition is a result of service the claimant is awarded benefits. If the VA disagrees, the person may contest the decision by filing an Notice of Disagreement and asking for a higher-level examiner to review their case. This process is called a Supplemental Statement of the Case. The VA can also decide to reopen an earlier denied claim if it receives new and pertinent evidence to back the claim.

The process of filing a claim

The VA will require all your medical documents, military and service records to support your claim for disability. You can provide these by filling out the eBenefits online application or in person at the local VA office or by sending them to the VA using Form 21-526EZ. In some cases you may need to provide additional forms or statements.

It is also crucial to find any medical records from the civil service which can prove your health condition. This process can be accelerated by providing the VA with the exact address of the medical facility where you received treatment. It is also important to give the dates of your treatment.

The VA will conduct an examination C&P after you have provided the necessary documents and medical evidence. It will include a physical examination of the affected body part and, depending on your disability and the severity of your disability, may also include lab work or X-rays. The examiner will then create the 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 decision letter that includes an introduction and a decision to either approve or deny your claim a rating and an exact amount of disability benefits. If you are denied benefits, they will explain the evidence they considered and the reasons behind their decision. If you contest the decision, the VA will issue an Supplemental Statement of the Case (SSOC).

Making a decision

It is important that claimants are aware of the forms and documentation required during the gathering and review of evidence. If a document isn't completed correctly or the proper type of document isn't submitted the entire process may be delayed. It is also important that claimants schedule appointments for examinations and attend them as scheduled.

After the VA examines all evidence, they will make a decision. The decision is either to decide to approve or deny it. If the claim is rejected you can file a Notice of Disagreement to make an appeal.

The next step is to complete the Statement of Case (SOC). The SOC is an official record of the evidence and the actions taken, the decisions made, as well as the laws that govern these decisions.

During the SOC process it is also possible for a claimant to include new information or have certain claims re-adjudicated. This is called a Supplemental Claim or Higher-Level review, or Board Appeal. It can be beneficial to add additional information to the claim. These types of appeals permit an older reviewer or veteran law judge to look over the initial disability claim and potentially make a different decision.