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How to File a Veterans Disability Claim

A claim for disability from a veteran is a request 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 may be required to provide proof in support of their claim. The claimant can speed up the process by ensuring they keep appointments for medical exams and submitting the required documents promptly.

Identifying a disabling condition

Injuries and diseases that result from service in the military, like musculoskeletal disorders (sprains arthritis, sprains etc. ) and respiratory ailments, and loss of hearing, are very frequent among veterans. These injuries and illnesses are approved for disability benefits more frequently than others because they have long-lasting effects.

If you were diagnosed as having an injury or illness while on active duty, the VA will require proof it was caused by your service. This includes both medical clinic and private hospital records regarding your illness or injury, and also the statements of family members and friends about your symptoms.

The severity of your issue is a significant factor. Younger vets can usually recover from bone and muscle injuries as long as they work at it, but as you get older, the chances of recovery from these conditions decrease. It is essential that veterans disability attorney make a claim for disability when their condition is grave.

Anyone who is awarded a rating of 100 percent permanent and total disability are able to apply for Supplemental Security Income/Social Security Disability Insurance (SSI/SSDI). It can be helpful for the Veteran to provide 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 tests are scheduled.

Gathering Medical Evidence

If you want the VA to approve your disability benefits, you must provide medical evidence that a disabling condition exists and is severe. This could include private medical records, a letter from a physician or other health care provider who is treating your condition, and evidence that can be in the form pictures and videos that demonstrate your physical symptoms or injuries.

The VA must make reasonable efforts in order to obtain evidence relevant to your case. This includes both federal and non-federal records (private medical records, for example). The agency will continue to search for these records until it can be reasonably certain that they don't exist. Otherwise, any further efforts will be in vain.

After the VA has all the required information the VA will prepare an examination report. This report is typically dependent on the claimant's symptoms and medical history. It is usually sent to the VA Examiner.

The report of the examination is used to decide on the disability claim. If the VA decides that the condition is service connected the applicant will be granted benefits. A veteran can appeal an VA decision if they disagree by filing a written notice of disagreement and asking that an inspector at a higher level look into their case. This is referred to as a Supplemental State of the Case. The VA can also decide to reopen an earlier denied claim if they receive new and relevant evidence to support the claim.

How to File a Claim

The VA will require all your medical records, service and military to support your claim for disability. They can be provided by completing the eBenefits online application or in person at the local VA office, or by post using Form 21-526EZ. In some cases, you might require additional documents or forms.

It is also important to search for any medical records from a civilian source that could support your medical health condition. This process can be speeded up by providing the VA with the complete address of the medical care facility where you received treatment. You must also provide dates of treatment.

The VA will conduct an examination C&P after you have submitted the required documents and medical evidence. This will involve an examination of the affected part of your body. Additionally depending on how you're disabled and the extent of your disability, lab work or X-rays could be required. The examiner will write a report, which he or she will send to the VA.

If the VA decides you are eligible to receive benefits, they will send you a letter of decision which includes an introduction, a decision to approve or deny your claim a rating and a 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 file an appeal, the VA will send a Supplemental Case Report (SSOC).

Making a Choice

During the gathering and review of evidence phase, it is important that claimants stay on top of all forms and documents they are required to submit. If a form is not completed correctly or the correct kind of document isn't submitted the entire process could be delayed. It is also crucial that claimants schedule appointments for exams and to attend the exams as scheduled.

After the VA examines all evidence, they'll come to a decision. The decision will either be to approve or deny the claim. If the claim is denied you can submit a Notice of Disagreement to make an appeal.

If the NOD is filed, the next step in the process is to obtain an Statement of the Case (SOC) completed. The SOC is an accounting of all the evidence considered, actions taken, decisions made and the laws governing the decisions.

During the SOC, a claimant can also include additional details to their claim or get it re-judged. This is referred to as a Supplemental Claim, Higher-Level Review or Board Appeal. By adding new information to an existing claim can assist in expediting the process. These types of appeals permit senior reviewers or a veterans disability law firms law judge to go over the initial disability claim again and even make a different decision.