How to File a Veterans Disability Claim

A veterans disability claim is a claim for compensation due to an injury or a disease that is related to military service. It could also be for dependent spouses or children who are dependent.

Kings Point Veterans Disability Lawyer may be required to provide proof to support their claim. Claimants can speed up the process by making appointments for medical examinations and submitting requested documents promptly.

Identifying a condition that is disabling

The military can lead to injuries and illnesses like arthritis, musculoskeletal conditions, and injuries. Veterans are prone to respiratory issues, loss of hearing and other illnesses. These illnesses and injuries are approved for disability benefits more frequently than other ailments due to the lasting effects.

If you were diagnosed with an injury or illness during your time of service and you were unable to prove it, the VA must prove that it was due to your active duty. This includes medical records from private hospitals as well as clinics related to your injuries or illnesses as well the statements of friends and family about the symptoms you experience.

The severity of your condition is a key aspect. If you are a hard worker younger vets are able to recover from certain bone and muscle injuries. As you get older, however, your chances of regaining your health diminish. It is essential that carol stream veterans disability attorney apply for a disability claim even if their condition is serious.

Anyone who is awarded a rating of 100 percent permanent and total disability are able to apply for Supplemental Security Social Security Disability Insurance (SSI/SSDI). To speed up the SSA application process, it's helpful for the Veteran to provide their VA rating notification letter from the regional office that identifies the rating as "permanent" and states that no future exams are scheduled.

Gathering Medical Evidence

If you wish the VA to accept your disability benefits, it must have medical evidence to prove that a disabling condition exists and is severe. This could include private records, a letter from a doctor, or other health care provider who is treating your condition. It could also include pictures or videos that show your symptoms.

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

When the VA has all the information required It will then draft an examination report. This is based upon the claimant's past and present symptoms and is usually submitted to a VA examiner.

This report is used to determine on the claim for disability benefits. If the VA decides that the condition is dependent on service, the claimant might be qualified for benefits. The veteran can appeal a VA decision when they disagree by filing a notice of disagreement and requesting that an additional level of examiner look at their case. This process is referred to as a Supplemental Statement of the Case. The VA may also allow a reopening of an earlier denied claim when they receive new and relevant evidence to back the claim.

How to File a Claim

The VA will need all your medical, service and military records to support your claim for disability. You can submit these documents by filling out an eBenefits application on the VA website or in person at the VA office near you, or via mail using Form 21-526EZ. In certain cases, you must submit additional documents or statements.

Tracking down civilian medical records which support your medical condition is also important. You can speed up this process by providing complete addresses for medical facilities where you've received treatment, including dates of treatment and being specific as you can about the documents you're sending to the VA. Finding the location of any military medical records you have will allow the VA benefits division to access them as well.

The VA will conduct an examination 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 the severity of your disability it could include lab work or X-rays. The doctor will create a report, which he or she will send to the VA.

If the VA determines that you are entitled to benefits, they will send an approval letter that contains an introduction and their decision to accept or deny your claim and a rating and specific disability benefit amount. If you are denied benefits, they will explain the evidence they considered and the reasons behind their decision. If you file an appeal, the VA sends a Supplemental Case Statement (SSOC).

Making a Choice

During the gathering and review of evidence, it is important for claimants to be on top of all forms and documents they are required to submit. If a form hasn't been completed correctly or the correct kind of document isn't submitted, the entire process can be delayed. It is important that claimants attend their scheduled examinations.

After the VA examines all the evidence, they will make the final decision. The decision can either approve or deny the claim. If the claim is denied, it's possible to file a Notice of Disagreement (NOD) asking for an appeal against the decision.

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

During the SOC an applicant can also provide additional details to their claim or get it re-judged. This is referred to as Supplemental Claims or Higher-Level review, or Board Appeal. It is a good idea in bringing new information into the claim. These appeals permit a senior judge or veteran law judge to examine the initial claim for disability and make a new decision.