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How to File a veterans disability compensation Disability Claim
A claim for disability from a veteran is a request for compensation for an injury or illness relating to military service. It can also be a claim for dependency and indemnity payments (DIC) for veterans disability lawyer spouses of survivors and dependent children.
Veterans may be required to submit proof to support their claim. Claimants can speed up the process by ensuring they keep their medical appointments and submitting their requested documents on time.
Identifying a Disabling Condition
Injuries and illnesses that result from serving in the military, such as musculoskeletal disorders (sprains and arthritis etc. ) and respiratory issues and loss of hearing are quite common among veterans disability attorney. These injuries and veterans disability lawyer illnesses are considered to be disability-related at a higher percentage than other ailments due to the long-lasting consequences.
If you were diagnosed with an illness or injury during your time of service or during your service, the VA must prove it was the result of your active duty. This includes both medical clinic and private hospital records relating to your injury or illness, and also statements from family and friends regarding your symptoms.
A key consideration is how serious your condition is. If you're active young vets can recover from certain muscle and bone injuries. As you get older however, the chances of recovery diminish. This is why it's crucial for veterans disability litigation disability lawyer (More about the author) to file a claim for disability in the early stages, when their condition is not too severe.
People who are awarded a rating of 100 percent permanent and total disability are able to apply for Supplemental Security Income/Social Security Disability Insurance (SSI/SSDI). To help expedite the SSA application process, it's beneficial for the veteran to provide their VA rating notification letter from the regional office. The letter identifies the rating as "permanent" and states that no future exams are scheduled.
Gathering Medical Evidence
If you are seeking to get your VA disability benefits to be approved you must provide medical evidence that proves the condition is serious and limiting. This could be private medical records, statements from a doctor or another health care provider who treats your condition, as well as evidence by way of photographs or videos that display the signs or injuries you have suffered.
The VA is required by law 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 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.
After the VA has all the information required it will then prepare an examination report. The report is based on claimant's medical history and symptoms and is often submitted to a VA examiner.
This report is used to determine on the claimant's disability benefits. If the VA decides that the condition is service-related, the claimant may be eligible for benefits. The veteran may appeal a VA decision in the event that they disagree, with the decision by submitting a formal notice of disagreement and asking an examiner at a higher level review their case. This process is called a Supplemental Statement of the Case. The VA can also reconsider an earlier denied claim in the event that it receives fresh and relevant evidence that backs the claim.
Filing 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, in person at a VA office near you or by mail using Form 21-526EZ. In some instances, you might require additional documents or forms.
It is also essential to search for any medical records from a civilian source that may support your illness. This process can be made easier by providing the VA with the complete address of the medical care facility where you received treatment. You should also provide the dates of treatment.
Once you have completed all the necessary paperwork and medical documentation, the VA will conduct an C&P exam. This will involve an examination of the affected body part and depending on the severity of your disability it may include lab tests or X-rays. The examiner will write a report, which he or she will send to the VA.
If the VA determines that you're eligible for benefits, they will send you a letter of decision which includes an introduction and a decision to either approve or deny your claim, an assessment and the specific amount of disability benefit. If you are denied, they'll provide the evidence they analyzed and the reason they came to their decision. If you decide to appeal, the VA will issue a Supplemental Statement of the Case (SSOC).
Making a decision
During the gathering and reviewing of evidence it is essential for claimants to stay on top of all forms and documents they are required to submit. The entire process can be reduced if a form or document is not properly completed. It is also important that claimants make appointments for their exams and attend them as scheduled.
The VA will make an official decision after reviewing all the evidence. The decision is either to be in favor or against the claim. If the claim is rejected You can submit a Notice of Disagreement to seek an appeal.
The next step is to prepare a Statement of Case (SOC). The SOC is an official record of the evidence, the actions taken, the decisions made, and the laws that govern those decisions.
During the SOC an applicant can also provide additional details to their claim or have it re-adjudicated. This is referred to as Supplemental Claims or Higher-Level review, or Board Appeal. By adding new information to an existing claim may help expedite the process. These types of appeals allow senior reviewers or a veterans disability legal law judge to go over the initial disability claim again and even make a different decision.
