How to File a Veterans Disability Claim

A claim for disability benefits for veterans disability lawsuits is a claim for compensation for an injury or a disease that is related to military service. It can also be a request for dependency and indemnity payment (DIC) for spouses of survivors and dependent children.

Veterans may be required to submit proof in support of their claim. The claimant can speed up the process by scheduling appointments for medical examinations and sending requested documents promptly.

Identifying a disability

The military can lead to injuries and illnesses like arthritis, musculoskeletal problems, and strains. Veterans are prone to respiratory issues hearing loss, respiratory problems and other illnesses. These conditions and injuries are usually accepted for disability compensation at a higher rate than other ailments because they can have lasting effects.

If you've been diagnosed with an injury or illness during your service or during your service, the VA must have proof that it was a result of your active duty. This includes medical records from private hospitals as well as clinics related to your injury or illness as well the statements of family members and friends about the symptoms you experience.

The severity of your problem is a major factor. If you work hard younger vets are able to recover from certain muscle and bone injuries. As you get older however, the chances of recovering diminish. This is why it is vital for veterans to file a disability claim early, when their condition isn't too severe.

People who are awarded an assessment 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 supply 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 exams are scheduled.

Gathering Medical Evidence

If you want the VA to accept your disability benefits, you must provide medical evidence that proves that a disabling condition is present and is severe. This can be evidenced by private documents, a note from a doctor, or another health professional who is treating your condition. It can also include images or videos showing your symptoms.

The VA is required by law to make reasonable efforts to acquire relevant evidence on behalf of you. This includes federal records and non-federal records (private medical records, for example). The agency will continue to search for these records until it is reasonably certain that they don't exist. Otherwise, further efforts will be in vain.

The VA will then prepare an examination report after it has all the required information. The report is based on claimant's past and present symptoms and is typically submitted to a VA examiner.

The report of the examination is used to make a decision on the disability benefit claim. If the VA determines that the disabling illness is caused by service the claimant will be awarded benefits. If the VA does not agree, the veteran may contest the decision by filing an Notice of Disagreement and requesting an examination by a higher-level official to review their case. This is referred to as a Supplemental State 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 back the claim.

How to File a Claim

The VA will need all your medical records, service and military to prove your disability claim. You can submit these by completing the eBenefits online application in person at a local VA office or via mail using Form 21-526EZ. In certain cases you will need to submit additional forms or statements.

It is also necessary to search for any medical records from the civil service that may support your health condition. You can speed up this process by providing complete addresses to medical facilities where you've received treatment, including dates of treatment and being as precise as you can about the records you're submitting to the VA. Finding the location of any military medical records you have will enable the VA benefits division to access those as well.

After you have provided all necessary paperwork and medical evidence and medical evidence, the VA will conduct an C&P exam. This will involve a physical examination of the affected body part and depending on your condition, may include lab work or X-rays. The examiner will write a report, which he or she will forward to the VA.

If the VA decides that you are eligible for benefits, they will send you a letter of decision that includes an introduction and a decision to either approve or reject your claim, a rating, and an exact amount of disability benefits. If you are denied benefits, they will explain the evidence they reviewed and the reasons behind their decision. If you appeal, the VA will send a Supplemental Statement of the Case (SSOC).

Make a decision

During the gathering and review of evidence phase, it is important for claimants to be on top of all forms and documents that they must submit. If a document isn't filled out correctly or if the proper type of document isn't sent the entire process could be delayed. It is also important that applicants keep appointments for exams and to keep them on time.

After the VA examines all evidence, they'll come to a decision. The decision will either be to be in favor or against the claim. If the claim is denied, it's possible to submit a Notice of Disagreement (NOD) in order to request an appeal of the decision.

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

During the SOC process it is also possible for a claimant to add new information or have certain claims re-adjudicated. This is known as a Supplemental Claims, Higher-Level Review, or Board Appeal. Making changes to an existing claim may assist in expediting the process. These types of appeals allow an experienced reviewer or veterans law judge to go over the initial disability claim again and even make a different decision.