How to File a Veterans Disability Claim

A veterans disability claim is an application for the payment of compensation due to an injury or illness relating to military service. It could also be for dependent spouses or children who are dependent.

milwaukie veterans disability lawyer could be required to provide proof in support of their claim. Claimants can accelerate the process by ensuring they keep their appointments for medical examinations and submitting requested documents promptly.

Identifying an impairment

Injuries and illnesses that result from service in the military, including muscular skeletal disorders (sprains and arthritis, etc. Veterans are susceptible to respiratory problems, loss of hearing and other illnesses. These injuries and illnesses are considered to be disability-related at a higher rate than other ailments due to the lasting effects.

If you've been diagnosed with an illness or injury during your service then the VA must prove that it was due to your active duty service. This includes medical clinic records and private hospital records related to your injury or illness, as well as the statements of relatives and friends regarding your symptoms.

One of the most important aspects to consider is how severe your situation is. If you're active young vets can recover from certain bone and muscle injuries. As you get older however, your chances of recovery diminish. This is why it is important for a veteran to file a disability claim in the early stages, when their condition isn't too severe.

People who are awarded a rating of 100% permanent and total disability are eligible to apply for Supplemental Security Income/Social Security Disability Insurance (SSI/SSDI). To help expedite the SSA application process, it is beneficial for the Veteran to provide their VA rating notification letter from the regional office that confirms the rating as "permanent" and also indicates that no further exams are scheduled.

Gathering Medical Evidence

If you'd like the VA to accept your disability benefits, it needs medical evidence to prove that a disabling condition is present and severe. This could include private documents, a letter from a doctor or another health care provider who treats your illness. It can also include images or videos that show your symptoms.

The VA must make reasonable efforts to gather evidence relevant to your particular case. This includes federal records and non-federal records (private medical records, for instance). The agency should continue to look for these records until it is fairly certain that they don't exist. Otherwise, further efforts will be futile.

The VA will then prepare an examination report once it has all the relevant information. The report is based on patient's history and the symptoms, and is usually submitted to an VA examiner.

This report is used to make a final decision on the claim for disability benefits. If the VA decides that the illness is caused by service the claimant will be awarded benefits. The veteran can appeal the VA decision when they disagree with the decision by submitting a formal notice of disagreement, and requesting an examiner at a higher level review their case. This is known as a Supplemental State of the Case. The VA can also reconsider the claim that was denied previously if it receives new and relevant evidence that backs the claim.

How to File a Claim

To support your claim for disability benefits, the VA will require all of your medical and service records. They can be provided by completing the eBenefits application on the website or in person at the local VA office or by sending them to the VA using Form 21-526EZ. In some cases, firms you might require additional documents or forms.

Tracking down civilian medical records that support your condition is also crucial. You can speed up the process by submitting complete addresses for medical care centers where you've received treatment, including dates of treatment and being as precise as you can regarding the records you're providing to the VA. Identifying the locations of any military medical records you have will allow the VA benefits division to get them as well.

The VA will conduct an examination C&P once you have submitted the required paperwork and medical evidence. This will involve a physical examination of the affected body part and depending on the severity of your disability it could include lab work or X-rays. The examiner will prepare an examination report, which he or she will submit to the VA.

If the VA decides that you are entitled to benefits, they will send an official decision letter which includes an introduction the decision they made to approve or deny your claim, as well as a rating and specific disability benefit amount. If you are denied, they will explain what evidence they reviewed and the reason they came to their decision. If you appeal then the VA will issue an additional Statement of the Case (SSOC).

Making a Decision

It is important that claimants are aware of the forms and documentation required during the gathering and reviewing evidence. The entire process could be slowed down if a form or document is not properly completed. It is also crucial that claimants schedule appointments for their exams and attend the exams as scheduled.

After the VA evaluates all the evidence, they'll come to an informed decision. The decision will either be to be in favor or against the claim. If the claim is rejected you can file a Notice of Disagreement to request an appeal.

If the NOD is filed, the next step in the process is to have an Statement of the Case (SOC) completed. The SOC is an official record of the evidence of the case, the actions taken the decisions made, as well as the laws that govern these decisions.

During the SOC process it is also possible for a claimant to provide additional information or to have certain claims re-adjudicated. This is referred to as Supplemental Claims or Higher-Level Review. It is also known as a Board Appeal. It is possible in bringing new information into a claim. These types of appeals allow senior reviewers or a veteran law judge to look over the initial disability claim and, if necessary, make a new decision.