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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 disability lawyers may have to submit evidence in support of their claim. Claimants can accelerate the process by making sure they attend their medical exam appointments and submitting their requested documents on time.

Identifying a disabling condition

The military can cause injuries and illnesses, such as arthritis, musculoskeletal conditions, and veterans sprains. Veterans are susceptible to respiratory issues, loss of hearing and other ailments. These conditions and injuries are eligible for disability benefits at a higher rate than other conditions due to their lasting effects.

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

A key consideration is how severe your condition is. If you're active younger vets are able to recover from certain muscle and bone injuries. As you age however, the chances of recovery diminish. This is why it's vital for veterans disability lawsuits to file a claim for disability early, when their condition is still 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 Security income (SSI/SSDI). It will be beneficial to the Veteran to provide the VA rating notification letter, which was sent by the regional office. This letter should indicate that the rating is "permanent" and that no further exams are scheduled.

Gathering Medical Evidence

If you'd like the VA to accept your disability benefits, they require medical evidence that proves that a disabling condition is present and is severe. This can include private documents, a note from a doctor or other health care provider who is treating your condition. It could also include images or videos that show your symptoms.

The VA must make reasonable efforts to collect evidence relevant to your case. This includes federal records as well as non federal records (private medical records, for example). The agency must continue to seek these kinds of records until it is reasonably certain that they don't exist, or else it would be futile.

After the VA has all of the necessary information the VA will prepare an examination report. This is based upon the claimant's past and present symptoms and is usually submitted to a VA examiner.

This report is used to make a decision on the claimant's disability benefits. If the VA determines the condition is dependent on service, the claimant might be eligible for benefits. If the VA disagrees, the claimant can appeal the decision by filing a Notice of Disagreement and requesting a higher-level examiner to review their case. This process is called a Supplemental Statement of the Case. The VA can also decide to reopen a previously denied claim in the event that it receives fresh and relevant evidence to support the claim.

Making a Claim

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

It is also crucial to search for any medical records from a civilian source that could support your medical condition. You can make this process faster by submitting complete addresses for medical care centers where you've received treatment, submitting dates of your treatment, and being as precise as you can regarding the records you're submitting to the VA. Locating the location of any military medical records you have will allow the VA benefits division to have access to them as well.

After you have submitted all required paperwork and medical evidence after which the VA will conduct an C&P examination. This will consist of a physical exam of the affected area of your body. Moreover, depending on how you are disabled the lab work or X-rays might be required. The examiner will write the report, which she or she will send to the VA.

If the VA determines that you are eligible for benefits, they'll mail a decision letter that includes an introduction, their decision to approve or deny your claim and an assessment and specific disability benefit amount. If you are denied benefits, they will discuss the evidence they considered and their reasoning behind their decision. If you appeal, the VA sends a Supplemental Case Statement (SSOC).

Making a Choice

It is crucial that claimants are aware of the forms and documentation required during the gathering and reviewing of evidence. The entire process can be delayed if a form or document is not completed correctly. It is essential that the claimants attend their scheduled examinations.

The VA will make an official decision after reviewing all the evidence. The decision can either approve or deny it. If the claim is denied, it's possible to submit a Notice of Disagreement (NOD) asking for an appeal of the decision.

The next step is to prepare the Statement of Case (SOC). The SOC is an official record of the evidence and the actions taken, the decisions made, and the laws that govern these decisions.

During the SOC the claimant may also add additional information to their claim or have it re-adjudicated. This is known as a Supplemental Claims or Higher-Level Review, also known as a Board Appeal. Making changes to an existing claim can make the process easier. These appeals allow a senior judge or veteran law judge to consider the initial claim for disability and, if necessary, make a different decision.