The 10 Scariest Things About Veterans Disability Legal
How to File a veterans disability attorney Disability Claim
A veterans disability claim is a request for compensation for an injury or a disease that is related to military service. It can also be for dependent spouses or children who are dependent.
A veteran might have to submit documents to support a claim. The claimant can speed up the process by ensuring they keep medical exam appointments and sending documents requested promptly.
Identifying a Disabling Condition
The military can lead to injuries and illnesses, such as arthritis, musculoskeletal problems, and sprains. Veterans are at risk of respiratory issues hearing loss, respiratory problems and other illnesses. These conditions and injuries are deemed to be eligible for disability benefits more often than other conditions due to their lasting effects.
If you were diagnosed with an injury or illness during your service or Veterans disability during your service, the VA must be able to prove it was due to your active duty service. This includes both medical clinic and private hospital records regarding your injury or illness, and also statements from relatives and friends regarding your symptoms.
A key consideration is how serious your condition is. If you're a hard-working person young vets can recover from certain bone and muscle injuries. As you age, however, your chances of recovery diminish. It is essential that veterans submit a claim for disability while their condition is still grave.
Those who receive a rating of 100 percent permanent and total disability are eligible to apply for Supplemental Security Social Security Disability Insurance (SSI/SSDI). It can be helpful to the Veteran to supply the VA rating notification letter 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'd like to have your VA disability benefits approved the benefits will require medical evidence proving that the condition is severe and disabling. This could include private medical records, a statement from a doctor or another health care provider who is treating your condition, as well as evidence that can be in the form pictures and videos that demonstrate your symptoms or injuries.
The VA must make reasonable efforts in order to obtain evidence relevant to your particular 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 is fairly certain that they don't exist. Otherwise, any further efforts will be futile.
The VA will then prepare an examination report after it has all the necessary details. This is based upon the claimant's past and present symptoms and is usually presented to an VA examiner.
The examination report is used to decide on the disability claim. If the VA decides that the condition is service-related, the claimant may be qualified for benefits. If the VA disagrees, the claimant may appeal the decision by filing an Notice of Disagreement and asking for an examiner at a higher level to review their case. This is referred to as a Supplemental State of the Case. The VA can also reopen an earlier denied claim if they are provided with new and relevant evidence to justify the claim.
How to File a Claim
To prove your claim for disability benefits, the VA will require all of your medical records and service records. They can be provided by filling out the eBenefits application on the website in person at a local VA office, or by mail using Form 21-526EZ. In some cases, you might require additional documents or forms.
It is also crucial to locate any medical records from a civilian source which can prove your illness. You can speed up this process by providing complete addresses to medical care centers where you've received treatment, submitting dates of treatment and being specific as you can about the records you're providing to the VA. Finding the location of any medical records from the military you have will enable the VA benefits division to get them as well.
Once you have submitted all required documentation and medical evidence After you have submitted all the required paperwork and medical evidence, the VA will conduct a C&P examination. It will include an examination of the affected body part and dependent on your disability and the severity of your disability, may also include lab work or X-rays. The doctor will then write a report and send it to the VA to be reviewed.
If the VA determines you are eligible for benefits, they will send a decision letter with an introduction and their decision to either approve or deny your claim. They will also provide an assessment and specific disability benefit amount. If you are denied, they will describe the evidence they considered and why they made their decision. If you file an appeal the appeal, the VA will send an additional statement of the Case (SSOC).
Make a Choice
During the gathering and review of evidence phase it is crucial that claimants stay on top of the forms and documents they must submit. The entire process could be slowed down if a form or document is not properly completed. It is essential that the claimants attend their scheduled exams.
After the VA examines all the evidence, they'll make an informed decision. The decision is either to decide to approve or deny it. If the claim is denied, it's possible to submit a Notice of Disagreement (NOD) asking for an appeal against the decision.
The next step is to write a Statement of Case (SOC). The SOC is an account of all the evidence considered, actions taken, decisions made and the laws that govern those decisions.
During the SOC process it is also possible for a claimant to include new information or have certain claims re-adjudicated. This is known as a Supplemental Claim, Higher-Level Review or Board Appeal. It is possible to add more information to an appeal. These types of appeals permit a senior reviewer or a veteran law judge to go over the initial disability claim and potentially make a different decision.
