Veterans Disability Legal: 11 Thing You re Leaving Out

How to File a Veterans Disability Claim

A claim for disability benefits for veterans disability attorneys is a claim for compensation based on 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 in support of the claim. The claimant can speed the process by keeping medical exam appointments and sending the required documents promptly.

Identifying a Disabling Condition

Injuries and illnesses that can result from serving in the military, including muscular skeletal disorders (sprains, arthritis, etc. veterans disability compensation are susceptible to respiratory issues hearing loss, respiratory problems and other ailments. These conditions and injuries are usually considered to be eligible for disability compensation at a more hefty rate than other conditions because they cause long-lasting effects.

If you were diagnosed with an illness or injury during your time of service and you were unable to prove it, the VA must prove it was a result of your active duty. This includes both medical clinic and private hospital records related to the injury or illness you suffered, as well as statements from family and friends regarding your symptoms.

A key consideration is how serious your illness is. If you're active young vets can recover from certain bone and muscle injuries. As you age however, your chances of recovering diminish. This is why it is vital for veterans disability claim to file a claim for disability in the early stages, when their condition is still severe.

People who have been classified 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 helpful to have the Veteran provide their VA rating notification letter from the regional office. This letter confirms 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 approved you must provide medical evidence to prove that the medical condition is severe and Veterans Disability Claim incapacitating. This can be evidenced by private records, a letter from a doctor or a different health care provider who treats your illness. It could also include pictures or videos which show your symptoms.

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

When the VA has all the information required the VA will prepare an examination report. This report is often dependent on the claimant's symptoms and past. It is usually sent to the VA Examiner.

The report of the examination is used to determine if there is a need for a decision on the disability benefit claim. If the VA decides that the condition is related to service, the claimant is awarded benefits. The veteran can appeal an VA decision when they disagree by filing a notice of disagreement and asking that an additional level of examiner look at their case. This process is called a Supplemental Statement of the Case. The VA may also allow a reopening of an earlier denied claim if it receives new and pertinent evidence to back the claim.

How to File a Claim

To prove your claim for disability, veterans disability claim the VA will require all your medical and service records. You can submit these documents by filling out an eBenefits application on the VA website or in person at a VA office near you, or via mail with Form 21-526EZ. In certain cases you'll need to fill out additional forms or statements.

It is also necessary to locate any civilian medical records that may support your condition. This process could be made faster 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 paperwork and medical evidence. This will involve an examination of the affected body part and depending on your condition it could include lab work or X-rays. The examiner will draft an examination report, which he or she will send to the VA.

If the VA determines you are eligible for benefits, they will send an approval letter that contains an introduction and their decision to accept or deny your claim and the rating and the specific disability benefit amount. If you are denied, they will provide the evidence they analyzed and why they made their decision. If you appeal the VA sends a Supplemental Case Report (SSOC).

Get a Decision

During the gathering and reviewing of evidence it is crucial that claimants stay aware of the forms and documents they have to submit. The entire process could be reduced if a form or document is not properly completed. It is crucial that applicants attend their scheduled tests.

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

The next step is to complete a Statement of Case (SOC). The SOC is an official record of all evidence considered, the actions taken, decisions made and the laws that govern those decisions.

During the SOC process, it is also possible for a claimant to include new information or be able to have certain claims re-judged. This is known as a Supplemental Claims or Higher-Level Review. It is also known as a Board Appeal. It is a good idea to add more information to an appeal. These appeals allow an experienced or senior law judge to look over the initial claim for disability again and make a new determination.