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How to File a Veterans Disability Claim

A claim for disability from a veteran is a request for compensation based on an injury or illness relating to military service. It can also be a request for dependency and indemnity payment (DIC) for spouses who have died and dependent children.

A veteran might have to submit documents to support a claim. Claimants can speed up the process by keeping their appointments for medical exams and submitting required documents promptly.

Recognizing a disabling condition

The military can lead to injuries and diseases such as arthritis, musculoskeletal conditions, and injuries. livingston veterans disability lawsuit are prone to respiratory issues as well as hearing loss and other illnesses. These injuries and Vimeo.com illnesses are usually approved for disability compensation at a more hefty rate than other conditions because they have long-lasting effects.

If you’ve been diagnosed with an injury or illness during your time of service then the VA must prove that it was a result of your active duty. This includes medical documents from private hospitals and clinics that relate to the illness or injury as well as statements made by family and friends regarding the symptoms you experience.

One of the most important aspects to consider is how severe your condition is. If you are a hard worker younger vets are able to recover from certain bone and muscle injuries. As you age however, your chances of regaining your health diminish. It is crucial that veterans make a claim for disability while their condition is still serious.

People who are awarded a rating of 100 percent permanent and total disability are eligible to apply for Supplemental Security Income/Social Security Disability Insurance (SSI/SSDI). To expedite the SSA application process, it is helpful for the veteran to provide their VA rating notification letter from the regional office. The letter indicates the rating as “permanent” and states that there are no future tests scheduled.

Gathering Medical Evidence

If you wish the VA to approve your disability benefits, you must provide medical evidence that a disabling condition exists and is severe. This can include private medical records, a statement from a doctor or another health care provider who is treating your condition, and evidence in the form of photos and videos that illustrate your symptoms or injuries.

The VA must make reasonable efforts in order to obtain evidence relevant to your particular case. This includes federal records as well as non federal records (private medical records, for example). The agency should continue to look for these records until it is fairly certain that they don’t exist. Otherwise, further efforts will be in vain.

Once the VA has all the required information It will then draft an examination report. The report is based on claimant’s medical history and symptoms and is usually submitted to an VA examiner.

This examination report is then used to make a determination on the disability benefit claim. If the VA determines that the disabling condition is a result of service the claimant will be awarded benefits. The veteran can appeal an VA decision when they disagree by filing a notice of disagreement and asking that an additional level of examiner look at their case. This is referred to as a Supplemental State of the Case. The VA may also allow a reopening of an earlier denied claim if it receives new and relevant evidence to support the claim.

How to File a Claim

To prove your claim for disability, the VA will require all of your medical and service records. You can provide them by filling out the eBenefits online application in person at a local VA office or via mail using Form 21-526EZ. In some cases you’ll need to fill out additional forms or statements.

It is also important to locate any civilian medical records that may support your health condition. You can make this process faster by submitting complete addresses for medical facilities where you’ve received treatment, providing dates of treatment, and being as precise as you can regarding the records you are sending the VA. Identifying the locations of any medical records from the military you have will enable the VA benefits division to get them as well.

Once you have completed all required paperwork and medical documentation and medical evidence, the VA will conduct a C&P exam. This will include a physical exam of the affected part of your body. Additionally depending on the degree to which you’re disabled testing with a lab or X-rays might be required. The doctor will then write an examination report and submit it to the VA for review.

If the VA determines that you are entitled to benefits, they will issue an official decision letter which includes an introduction the decision they made to approve or deny your claim. It also includes the rating and the specific disability benefit amount. If you are denied benefits, they will discuss the evidence they looked over and the reasoning behind their decision. If you file an appeal, the VA will send an Supplemental Case Statement (SSOC).

Making a decision

It is important that claimants are aware of the forms and documentation required during the gathering and review of evidence. The entire process can be slow if a document or document is not completed correctly. It is also essential that claimants keep appointments for examinations and be present at the time they are scheduled.

The VA will make the final decision after examining all the evidence. The decision will either be to approve or deny it. If the claim is denied, it’s possible to file a Notice of Disagreement (NOD) seeking an appeal against the decision.

If the NOD is filed the next step of the process is having an Statement of the Case (SOC) completed. The SOC is an official document of the evidence and the actions taken, the decisions made, as well as the laws that govern those decisions.

During the SOC process it is also possible for a claimant add new information or have certain claims reviewed. This is called a Supplemental Claim or Higher-Level Review, also known as a Board Appeal. Adding new information to an existing claim can make the process easier. These appeals permit an experienced or senior law judge to review the initial claim for disability again and make a new determination.