How to File a Veterans Disability Claim
A claim for veterans disability is a request for the payment of compensation due to an injury or illness related to military service. It could also be a request for dependency and indemnity compensation (DIC) for spouses who survive and dependent children.
north branch veterans disability attorney may be required to submit evidence in support of their claim. The claimant can speed the process by making appointments for medical examinations and submitting documents requested promptly.
Identifying a Disabling Condition
The military can lead to injuries and diseases such as arthritis, musculoskeletal disorders and sprains. Elsmere veterans disability Law firm are more susceptible to respiratory problems and hearing loss, among other illnesses. These ailments and injuries are considered to be disability-related more often than other conditions due to their long-lasting effects.
If you were diagnosed as having an illness or injury while on active duty, the VA will need proof that the cause was your service. This includes both medical clinic and private hospital records related to the injury or illness you suffered, as well as statements from friends and family regarding your symptoms.
The severity of your problem is an important aspect. The younger vets are able to recover from some muscle and bone injuries if they work at it but as you get older the chances of recovering from these conditions diminish. It is essential that veterans apply for a disability claim when their condition remains serious.
Those who have been rated as having a 100% permanent and total disability might be eligible to apply for Social Security Disability Insurance/Supplemental security Income (SSI/SSDI). To help expedite the SSA application process, it’s beneficial for the Veteran to submit their VA rating notification letter from the regional office. It identifies the rating as “permanent” and also states that no future exams are scheduled.
Gathering Medical Evidence
If you’d like to have your VA disability benefits approved you must provide medical evidence that proves the condition is serious and limiting. This can include private medical records, statements from a doctor or other health care professional who treats your health issue, as well as evidence by way of photographs and videos that show your symptoms or injuries.
The VA must make reasonable efforts to obtain evidence relevant to your particular case. This includes federal records as well as non federal records (private medical records, for example). The agency will continue to look for these records until it can be reasonably certain that they do not exist. Otherwise, further efforts will be in vain.
After the VA has all the required information the VA will prepare an examination report. This is based upon the claimant’s past and present symptoms and is often submitted to an VA examiner.
This report is used to make a determination on the claimant’s eligibility for disability benefits. If the VA decides that the condition is due to service, the applicant may be qualified for benefits. If the VA disagrees, the veteran can appeal the decision by filing an Notice of Disagreement and asking for an additional examiner to look into their case. This is referred to as a Supplemental State of the Case. The VA can also decide to reopen the claim that was denied previously if it is presented with new and relevant evidence to support the claim.
How to File a Claim
To support your claim for disability benefits, the VA will require all of your medical and service records. You can submit these by filling out the eBenefits application on the website or in person at a local VA office, or by mail using Form 21-526EZ. In some instances, you might need to submit additional documents or forms.
The search for medical records of civilians that confirm your health condition is also essential. You can speed up the process by providing complete addresses to medical facilities where you’ve received treatment, submitting dates of treatment and being specific as possible about what records you’re providing to the VA. Finding the location of any military medical records you have will enable the VA benefits division to get them as well.
Once you have submitted all necessary paperwork and medical evidence after which the VA will conduct a C&P exam. This will consist of an examination of the affected part of your body and depending on the extent to which you are disabled testing with a lab or X-rays could be required. The examiner will draft the report, which she or she will submit to the VA.
If the VA decides that you are eligible for benefits, they’ll send an approval letter that contains an introduction, their decision to approve or deny your claim and the rating and the specific disability benefit amount. If you are denied benefits, they will provide the evidence they reviewed and their reasoning for their decision. If you appeal, the VA will issue a Supplemental Statement of the Case (SSOC).
Make a decision
During the gathering and review of evidence it is essential for claimants to be aware of all forms and documents they are required to submit. The entire process can be slow if a document or document is not properly completed. It is also important that applicants keep appointments for examinations and attend them as scheduled.
The VA will make an official decision after reviewing all evidence. This decision will either 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 against the decision.
The next step is to complete the Statement of Case (SOC). The SOC is a record of all the evidence considered, the actions taken, the decisions made, and the laws governing the decision.
During the SOC, a claimant may also include additional information to their claim, or get it re-judged. This is referred to as Supplemental Claims or Higher-Level Review. It is also known as a Board Appeal. Making changes to an existing claim can assist in expediting the process. These appeals allow an experienced or senior law judge to consider the initial claim for disability and possibly make a different determination.