How to File a Veterans Disability Claim

A claim for disability benefits for veterans is a request for compensation based on an injury or illness that is related to military service. It can also be for dependent spouses or children who are dependent.

Veterans could be required to provide proof in support of their claim. Claimants can speed up the process by keeping medical exam appointments and sending documents requested promptly.

Identifying a condition that is disabling

Injuries and illnesses that can result from service in the military, such as muscle and joint disorders (sprains and arthritis etc. veterans disability lawsuit are more susceptible to respiratory problems as well as hearing loss and other illnesses. These injuries and illnesses are eligible for disability benefits at a higher percentage than other types due to their long-lasting effects.

If you were diagnosed as having an illness or injury while on active duty and the VA will require proof this was caused by your service. This includes medical clinic and private hospital records relating to your illness or injury and also statements from relatives and friends regarding your symptoms.

A key consideration is how serious your condition is. If you're a hard-working person, younger vets can recover from certain bone and muscle injuries. As you get older however, your odds of recovering decrease. It is essential that veterans submit a claim for disability when their condition is serious.

The people who have been rated 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 is helpful to the Veteran to supply the VA rating notification letter that was sent by the regional office. The letter should state that the rating is "permanent" and that no further examinations are scheduled.

Gathering Medical Evidence

If you wish to have your VA disability benefits to be approved, it will need medical evidence that proves the medical condition is severe and incapacitating. This could be private records, a written letter from a doctor, or other health care provider who treats your illness. It can also include photos or videos showing your symptoms.

The VA is required by law to make reasonable efforts to collect relevant evidence on behalf of you. This includes both federal and non-federal records (private medical records, for instance). The agency has to continue to look for these records until it is reasonably certain that they don't exist. Otherwise, further efforts will be in vain.

When the VA has all the information required the VA will prepare an examination report. This is based on the claimant's medical history and symptoms and is usually presented to a VA examiner.

This report is used to make a determination on the claimant's eligibility for disability benefits. If the VA decides that the disability condition is a result of service, the claimant will be awarded benefits. The veteran may appeal a VA decision in the event that they disagree, by filing a notice of disagreement, and requesting an additional level of examiner look at 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 relevant evidence to justify the claim.

Making a Claim

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

Tracking down civilian medical records that support your condition is also important. This process can be accelerated by providing the VA with the full address of the medical care facility where you received treatment. You must also give the dates of your treatment.

Once you have submitted all the necessary paperwork and medical documentation and medical evidence, the VA will conduct a C&P exam. This will involve an examination of the body part affected and depending on your condition, may include lab work or X-rays. The doctor will then write an examination report and submit it to the VA for review.

If the VA determines you are entitled to benefits, they'll mail an approval letter that contains an introduction, their decision to approve or deny your claim. It also includes a rating and specific disability benefit amount. If you are denied benefits, they will provide the evidence they looked over and their reasoning behind their decision. If you seek to appeal the VA will send an Supplemental Case Statement (SSOC).

Making a Choice

During the gathering and review of evidence, it is important for the claimant to be on top of all forms and documents they have to submit. If a form isn't completed correctly or the correct type of document isn't sent then the entire process will be delayed. It is also crucial that applicants keep appointments for examinations and attend them as scheduled.

After the VA examines all evidence, they'll make the final decision. The decision is either to decide to approve or deny the claim. If the claim is denied, you can submit a Notice of Disagreement to seek 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 a record of all the evidence considered, actions taken, decisions made and the laws that govern the decision.

During the SOC an applicant can also include additional information to their claim or request that it be re-judged. This is referred to as a Supplemental Claim or Higher-Level Review. Board Appeal. It is a good idea to add new information to the claim. These types of appeals permit an experienced reviewer or veterans law judge to go over the initial disability claim and possibly make a different decision.