The 10 Most Scariest Things About Veterans Disability Legal
How to File a Veterans Disability Claim
A veterans disability claim is a claim for compensation for an injury or a disease that is related to military service. It could also be a claim for dependency and indemnity compensation (DIC) for surviving spouses and dependent children.
A veteran may have to provide evidence in support of an application. Claimants can accelerate the process by making sure they attend their medical appointments and submitting requested documents promptly.
Identifying an impairment
Injuries and illnesses that result from service in the military, like musculoskeletal disorders (sprains, arthritis etc. veterans disability lawyer are susceptible to respiratory issues, loss of hearing and other illnesses. These conditions and injuries are considered to be disability-related more often than others because they have long-lasting consequences.
If you were diagnosed with an illness or injury while on active duty or in the military, the VA will require proof that it was caused by your service. This includes medical clinic and private hospital records related to your injury or illness, as well as the statements of family members and friends about your symptoms.
One of the most important aspects to consider is how severe your situation is. If you're a hard-working person younger vets may recover from certain muscle and bone injuries. As you get older however, the chances of regaining your health diminish. It is imperative that veterans apply for a disability claim even if their condition is serious.
If you have been assessed as having a 100% permanent and total disability could be eligible to apply for Social Security Disability Insurance/Supplemental Social Security Income (SSI/SSDI). In order to speed up the SSA application process, it's helpful for the Veteran to submit their VA rating notification letter from the regional office. It confirms the rating as "permanent" and also indicates that there are no future tests scheduled.
Gathering Medical Evidence
If you'd like the VA to approve your disability benefits, they require medical evidence that a disabling condition is present and severe. This could include private medical records, a letter from a physician or other health care provider who treats your condition, and evidence in the form of pictures and videos that demonstrate the signs or injuries you have suffered.
The VA is required by law to make reasonable efforts to acquire relevant evidence on behalf of you. This includes federal records and non-federal records (private medical records, for example). The agency will continue to search for these records until it can be fairly certain that they don't exist. Otherwise, any further efforts will be futile.
The VA will then prepare an examination report once it has all the required information. The report is based on patient's history and the symptoms, and is often submitted to a VA examiner.
This report is used to make a decision on the claimant's eligibility for disability benefits. If the VA determines that the disabling condition is a result of service the claimant is awarded benefits. The veteran can appeal the VA decision in the event that they disagree, by filing a written notice of disagreement and requesting that an examiner at a higher level review their case. This is referred to as a Supplemental Statement of the Case. The VA may also allow a reopening of an appeal that was previously denied if it is presented with new and relevant evidence that backs the claim.
The process of filing a claim
The VA will require all your medical documents, military and service records to support your disability claim. You can submit these documents by filling out an eBenefits application on the VA website or in person at an VA office near you, or by mail using Form 21-526EZ. In some cases you may require additional documents or forms.
Finding medical records from civilians which support your medical condition is equally important. This process can be accelerated by providing the VA with the complete address of the medical facility where you received treatment. It is also important to provide the dates of your treatment.
Once you have submitted all the necessary paperwork and medical proof after which the VA will conduct a C&P exam. It will include a physical examination of the body part affected and depending on the severity of your disability and the severity of your disability, may also include lab work or X-rays. The examiner will then prepare the report and send it to the VA for review.
If the VA determines that you're entitled to benefits, they will issue a decision letter that includes an introduction and their decision to accept or deny your claim. They will also provide an assessment and specific disability benefit amount. If you are denied, they'll provide the evidence they analyzed and the reason for their decision. If you appeal the VA will send a Supplemental Case Report (SSOC).
Making a Decision
It is important that claimants are aware of all the forms and documents that are required during the gathering and reviewing of evidence phase. If a document isn't filled out correctly or if the correct kind of document isn't submitted, the entire process can be delayed. It is crucial that applicants attend their scheduled tests.
The VA will make an ultimate decision after reviewing all the evidence. The decision can either approve the claim or reject it. If the claim is denied you may submit a Notice of Disagreement to seek an appeal.
The next step is to write the Statement of Case (SOC). The SOC is an accounting of all the evidence considered, the actions taken, decisions made and the laws governing those decisions.
During the SOC the claimant may also add new information to their claim, or request that it be reviewed. This is called a Supplemental Claim or Higher-Level Review. Board Appeal. It is possible to add more information to the claim. These types of appeals permit an older reviewer or veterans law judge to go over the initial disability claim again and potentially make a different decision.