How to File a Veterans Disability Claim
A veterans disability claim is a request for compensation due to an injury or disease related to military service. It can also be for dependent spouses or children who are dependent.
A veteran might need to provide evidence in support of an application. Claimants can expedite the process by keeping medical exam appointments and sending requested documents promptly.
Identifying the Disabling Condition
The military can cause injuries and illnesses, such as arthritis, musculoskeletal disorders and sprains. richland hills veterans disability attorney are more susceptible to respiratory problems as well as hearing loss and other ailments. These injuries and illnesses are typically approved for disability compensation at a much more hefty rate than other conditions due to their long-lasting effects.
If you were diagnosed as having an injury or illness while on active duty and the VA will require evidence that this was caused by your service. This includes medical clinic and private hospital records relating to your injury or illness, and also the statements of friends and family regarding your symptoms.
The severity of your issue is a major factor. If you’re active young vets can recover from certain muscle and bone injuries. As you get older, however, your chances of regaining your health diminish. This is why it’s important for a veteran to file a disability claim in the early stages, when their condition is still severe.
Those who receive an assessment of 100 percent permanent and total disability are able to apply for Supplemental Security Income/Social Security Disability Insurance (SSI/SSDI). It can be helpful to the Veteran to present the VA rating notification letter, which was sent by the regional office. This letter should indicate that the rating is “permanent” and that no more tests are scheduled.
Gathering Medical Evidence
If you’d like to have your VA disability benefits to be approved, it will need medical evidence to prove that the illness is severe and debilitating. This could be private records, a written letter from a physician, or a different health care provider who treats your illness. It could also include images or videos that demonstrate your symptoms.
The VA is legally required to make reasonable efforts to acquire relevant evidence on your behalf. This includes both federal and non-federal records (private medical records, for instance). The agency must continue to search for these records until it can be reasonably certain that they don’t exist. Otherwise, further efforts will be futile.
The VA will then prepare an examination report after it has all the required information. The report is based on claimant’s history and symptoms and is often submitted to an VA examiner.
The examination report is used to determine if there is a need for a decision on the disability claim. If the VA decides that the condition is service-related, the claimant may be entitled to benefits. If the VA disagrees, the person may appeal the decision by filing a Notice of Disagreement and asking for an examiner at a higher level to review their case. This process is referred to as a Supplemental Statement of the Case. The VA can also reopen an earlier denied claim when they receive new and pertinent evidence to back the claim.
Making a Claim
To prove your claim for disability benefits, the VA will require all your medical records and service records. They can be provided by filling out the eBenefits website application or in person at a local VA office or by sending them to the VA using Form 21-526EZ. In some cases you’ll need to fill out additional forms or statements.
Finding civilian medical records which support your medical condition is also important. You can speed up the process by providing complete addresses for medical care facilities where you have received treatment, providing dates of your treatment, and being as precise as you can regarding the records you’re providing to the VA. Finding the location of any medical records from the military you have will enable the VA benefits division to have access to them as well.
The VA will conduct an exam C&P once you have submitted the necessary paperwork and medical proof. It will include a physical 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 then prepare an examination report and submit it to the VA for review.
If the VA decides you are eligible to receive benefits, they will send you a decision letter that includes an introduction and a decision to either approve or reject your claim, Vimeo a rating and the specific amount of disability benefit. If you are denied, they’ll provide the evidence they analyzed and the reasons for their decision. If you file an appeal the VA will send a Supplemental Case Report (SSOC).
Getting a Decision
During the gathering and review of evidence phase it is crucial for the claimant to be on top of the forms and documents they have to submit. The entire process can be slowed down if a form or document is not properly completed. It is crucial that applicants attend their scheduled tests.
The VA will make an official decision after reviewing all the evidence. The decision is either to approve the claim or reject it. If the claim is rejected, you can submit a Notice of Disagreement to request an appeal.
If the NOD is filed the next step in the process is having a Statement of the Case (SOC) completed. The SOC is an official document of the evidence, the actions taken, the decisions made, and the laws that govern those decisions.
During the SOC the claimant may also provide additional details to their claim or request that it be reviewed. This is called a Supplemental Claim or Higher-Level review, or Board Appeal. It can be beneficial in bringing new information into the claim. These appeals allow an experienced or senior law judge to review the initial claim for disability again and perhaps make a different decision.