The 10 Scariest Things About Veterans Disability Legal

How to File a Veterans Disability Claim

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

Veterans may have to submit evidence to support their claim. Claimants can accelerate the process by keeping their medical exam appointments and submitting required documents promptly.

Identifying the presence of a disability

Injuries and illnesses that result from serving in the military, including muscles and joints (sprains, arthritis etc. veterans disability lawyer are susceptible to respiratory issues hearing loss, respiratory problems and other illnesses. These conditions and injuries are usually accepted for disability compensation at a much higher rate than other conditions because they can have lasting effects.

If you've been diagnosed with an injury or illness during your time of service or during your service, the VA must be able to prove it was due to your active duty service. This includes medical records from private hospitals as well as clinics that relate to the injury or illness as well as statements made by friends and family about your symptoms.

One of the most important aspects to consider is how serious your condition is. If you're a hard-working person younger vets are able to recover from certain bone and muscle injuries. As you age, however, your chances of regaining your health diminish. It is imperative that veterans apply for a disability claim even if their condition is serious.

The people who have been rated as having a permanent 100% and total disability could be eligible to apply for Social Security Disability Insurance/Supplemental Security Income (SSI/SSDI). 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 indicates the rating as "permanent" and also indicates that no future exams are scheduled.

Gathering Medical Evidence

If you'd like the VA to approve your disability benefits, they require medical proof that a debilitating condition is present and is severe. This could include private medical records, a declaration by a doctor or health care provider treating your health issue, as well as evidence in the form of pictures and videos that illustrate your symptoms or injuries.

The VA must make reasonable efforts in order to gather evidence relevant to your particular case. This includes both federal and non-federal records (private medical records, for example). The agency must continue to search for these types of records until it is certain that they are not there or else the efforts will be useless.

Once the VA has all of the required information, it will prepare an examination report. The report is usually determined by the claimant's symptoms and their history. It is usually presented to the VA Examiner.

This report is used to make a final decision on the claimant's eligibility for disability benefits. If the VA determines that the disabling condition is a result of service the claimant will receive benefits. The veteran can appeal the VA decision in the event that they disagree, with the decision by submitting a formal notice of disagreement, and requesting a higher level examiner review their case. This is known as a Supplemental Statement of the Case. The VA can also decide to reopen an earlier denied claim if it receives new and relevant evidence to support the claim.

The process of filing a claim

The VA will require all of your medical, service and military records to prove your disability claim. You can provide them by filling out the eBenefits application on the web in person at a local VA office, or by mail using Form 21-526EZ. In some cases you'll need to fill out additional documents or statements.

Tracking down civilian medical records that support your condition is also crucial. This process can be made easier by providing the VA with the full address of the medical care facility where you received treatment. You should also provide the dates of your treatment.

The VA will conduct an examination C&P once you have submitted the necessary paperwork and medical proof. This will include a physical exam of the affected area of your body. Moreover depending on the degree to which you are disabled the lab work or X-rays could be required. The examiner will prepare a report and send it to the VA for review.

If the VA determines that you're eligible for benefits, they'll send you a decision letter which includes an introduction and a decision to either approve or deny your claim a rating and an exact amount of disability benefits. If you are denied benefits, they will explain what evidence they reviewed and why they made their decision. If you file an appeal, the VA will issue an additional Statement of the Case (SSOC).

Make a Decision

During the gathering and reviewing of evidence phase it is essential for claimants to stay aware of all forms and documents that they are required to submit. If a document isn't filled out correctly or if the correct type of document isn't sent the entire process could be delayed. It is also essential that claimants keep appointments for their exams and attend the exams as scheduled.

After the VA evaluates all the evidence, they'll come to a decision. This decision will either decide to approve or reject it. If the claim is denied you can make a notice of Disagreement to make an appeal.

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

During the SOC the claimant may also include additional information to their claim or get it re-judged. This is called a Supplemental Claim or Higher-Level review, or Board Appeal. Making changes to an existing claim may make the process easier. These appeals permit a senior judge or veteran law judge to look over the initial claim for disability again and make a new determination.