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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 that is connected to military service. It could also be a request for dependency and indemnity payment (DIC) for spouses who have died and dependent children.

A veteran may have to submit evidence in support of the claim. Claimants can speed up the process by ensuring they keep their medical appointments and submitting requested documents promptly.

Identifying a disabling condition

The military can cause injuries and illnesses like arthritis, musculoskeletal conditions, and strains. Veterans are more susceptible to respiratory problems, loss of hearing and other illnesses. These illnesses and injuries are eligible for disability benefits more often than others because they have lasting effects.

If you were diagnosed with an injury or illness during your time of service, the VA must be able to prove it was due to your active duty service. This includes both medical clinic records and private hospital records related to your illness or injury, as well as statements from relatives and friends regarding your symptoms.

The severity of your problem is a significant factor. If you're active, younger vets can recover from certain muscle and bone injuries. As you get older however, the chances of recovering diminish. This is why it is crucial for veterans disability lawyers to file a claim for disability early, when their condition is still severe.

Anyone who is awarded an assessment of 100% permanent and total disability are able to apply for Supplemental Security Social Security Disability Insurance (SSI/SSDI). It can be helpful to the Veteran to present 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 want the VA to approve your disability benefits, it needs medical evidence that a disabling condition is present and is severe. This can be evidenced by private records, a letter from a doctor or a different health care provider, who treats your condition. It could also include pictures or videos showing your symptoms.

The VA is legally required to make reasonable efforts to obtain relevant evidence on your behalf. This includes both federal and non-federal records (private medical records, for instance). The agency is required to look for these kinds of records until it is certain that they do not exist or any further efforts would be useless.

Once the VA has all of the necessary information, it will prepare an examination report. The report is based on claimant's past and present symptoms and is often submitted to a VA examiner.

The report of the examination is used to make a decision on the disability benefit claim. If the VA decides that the condition is due to service, the applicant may be qualified for benefits. The veteran can appeal an VA decision in the event that they disagree, with the decision by submitting a formal notice of disagreement and requesting that an examiner at a higher level review their case. This is known as a Supplemental Statement of the Case. The VA may also allow a reopening of an earlier denied claim if they are provided with new and pertinent evidence to back the claim.

How to File a Claim

The VA will require all your medical, service and military records to support your disability claim. You can submit these documents by completing an eBenefits application on the VA website, 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.

It is also crucial to locate any medical records of a civilian which can prove your condition. This process could be made faster by providing the VA with the complete address of the medical facility where you received treatment. Also, you should provide dates of treatment.

After you have submitted all required paperwork and medical proof and medical evidence, the VA will conduct the C&P exam. 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 then prepare the report and send it to the VA for review.

If the VA determines that you're entitled to benefits, they'll mail a decision letter that includes an introduction and their decision to accept or deny your claim, as well as a rating and specific disability benefit amount. If you are denied benefits, they will discuss the evidence they looked over and the reasons behind their decision. If you file an appeal, the VA sends a Supplemental Case Statement (SSOC).

Make a Choice

During the gathering and reviewing of evidence it is essential for the claimant to be aware of all forms and documents they have to submit. If a form isn't completed correctly or the correct kind of document isn't sent then the entire process will be delayed. It is also crucial that claimants make appointments for exams and to keep them on time.

After the VA reviews all the evidence, they'll make an informed decision. This decision will either approve the claim or deny it. If the claim is denied, it is possible to file a Notice of Disagreement (NOD) asking for an appeal of the decision.

The next step is to write the Statement of Case (SOC). The SOC is an account of all the evidence considered, actions taken, decisions made and the laws that govern the decisions.

During the SOC, a claimant can also add new information to their claim or request that it be reviewed. This is called a Supplemental Claim, Higher-Level Review or Board Appeal. It can be helpful to add additional information to a claim. These appeals allow an experienced or senior law judge to consider the initial claim for disability again and perhaps make a different decision.