The 10 Most Terrifying Things About Veterans Disability Legal

How to File a Veterans Disability Claim

A veterans disability claim is a request for compensation due to an injury or illness that is connected to military service. It could also be a claim for dependency and indemnity payments (DIC) for surviving spouses and dependent children.

A veteran may need to provide evidence to support an application. Claimants can speed up the process by making appointments for medical examinations and sending requested documents on time.

Recognizing a disabling condition

Injuries and illnesses that result from service in the military, like muscular skeletal disorders (sprains, arthritis and so on. ) and respiratory ailments and loss of hearing are quite common among veterans disability lawyers. These ailments and injuries are deemed to be eligible for disability benefits at a higher rate than others because they have long-lasting effects.

If you were diagnosed with an illness or injury during your service then the VA must prove it was the result of your active duty service. This includes medical documents from private hospitals and clinics related to the injury or illness as well in statements from family and friends regarding the symptoms you experience.

A key consideration is how severe your situation is. Veterans who are younger can generally recover from a few bone and muscle injuries, when they are working at it but as you get older, the chances of recovery from these types of conditions decrease. This is why it is important for a veteran to file a claim for disability in the early stages, when their condition is not too severe.

If you have been assessed as having a permanent 100% and total disability might be eligible to apply for Social Security Disability Insurance/Supplemental Social Security Income (SSI/SSDI). It can be helpful for the Veteran to provide the VA rating notification letter that was sent by the regional office. The letter should state 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 require medical evidence that proves the illness is severe and debilitating. This can include private medical records, statements from a doctor or other health care provider who is treating your condition, and evidence in the form of photos and videos that illustrate your symptoms or injuries.

The VA is legally required to make reasonable efforts to obtain relevant evidence on your behalf. This includes federal records and non-federal records (private medical records, for example). The agency should continue to look for these records until it can be reasonably certain that they do not exist. Otherwise, further efforts will be futile.

The VA will then prepare an examination report after it has all of the required details. It is based on the patient's history and the symptoms, and is usually submitted to an VA examiner.

This report is used to make a decision regarding the claim for disability benefits. If the VA decides that the condition is related to service the claimant will be awarded benefits. If the VA does not agree, the veteran can contest the decision by filing a Notice of Disagreement and asking an examiner at a higher level to review their case. This is known as a Supplemental State of the Case. The VA can also decide to reopen an earlier denied claim when they receive new and relevant evidence to back the claim.

Making a Claim

The VA will require all of your medical records, service and military to support your disability claim. You can submit these documents by filling out an eBenefits application on the VA website, in person at a VA office near you or via mail using Form 21-526EZ. In some instances you will need to submit additional forms or statements.

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

Once you have submitted all required paperwork and medical proof and medical evidence, the VA will conduct a C&P exam. This will involve a physical exam of the affected area of your body. Additionally depending on the degree to which you're disabled testing with a lab or X-rays might be required. The examiner will draft an assessment report, which he or she will send to the VA.

If the VA decides you are eligible for Veterans Disability benefits, they'll send you a decision letter which includes an introduction as well as a decision on whether to approve or deny your claim, a rating, and a specific disability benefit amount. If you are denied benefits, they will explain the evidence they reviewed and their reasoning for their decision. If you contest the 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 crucial for the claimant to be on top of the forms and documents they have to submit. If a form isn't filled out correctly or if the proper type of document isn't submitted, the entire process can be delayed. It is imperative that claimants attend their scheduled examinations.

After the VA examines all evidence, they'll make an informed decision. The decision will either be to accept or refuse it. If the claim is rejected, you can make a notice of Disagreement to seek an appeal.

The next step is to prepare a Statement of Case (SOC). The SOC is an account of all the evidence considered, the actions taken, decisions made and the laws governing the decision.

During the SOC an applicant can also provide additional details to their claim or request that it be re-judged. This is known as a Supplemental Claims or Higher-Level review, or Board Appeal. By adding new information to an existing claim could make the process easier. These types of appeals allow a senior reviewer or a veteran law judge to look over the initial disability claim again and possibly make a different decision.