How to File a veterans disability lawsuits Disability Claim

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

Veterans could have to submit evidence to support their claim. Claimants can accelerate the process by making sure they attend their medical appointments and submitting required documents promptly.

Recognizing a disabling condition

The military can lead to injuries and illnesses such as arthritis, musculoskeletal problems, and injuries. Veterans are prone to respiratory issues, loss of hearing and other illnesses. These conditions and veterans disability law firms injuries are usually considered to be eligible for disability compensation at a much higher rate than other conditions because they can have lasting effects.

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

A crucial factor to consider is how serious your illness is. Younger Veterans Disability law firms can usually recover from a few bone and muscle injuries if they work at it but as you become older the chances of recovering from these conditions decrease. It is crucial that veterans submit a claim for disability when their condition is grave.

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). To help expedite the SSA application process, it's helpful to have the Veteran provide their VA rating notification letter from the regional office. The letter identifies the rating as "permanent" and also indicates that no further tests are scheduled.

Gathering Medical Evidence

If you'd like the VA to accept your disability benefits, it must have medical evidence that proves that a disabling condition is present and is severe. This could be private medical records, statements from a doctor or another health care provider treating your condition, as well as evidence in the form of photos and videos that demonstrate the signs or injuries you have suffered.

The VA must make reasonable efforts to gather evidence relevant to your particular case. This includes both federal and non-federal records (private medical records for instance). The agency should continue to search for these records until it is fairly certain that they don't exist. Otherwise, further efforts will be in vain.

When the VA has all of the necessary information, it will prepare an examination report. The report is based on patient's history and the symptoms, and is typically submitted to an VA examiner.

The report of the examination is used to make a determination on the disability claim. If the VA decides that the condition is service-related, the claimant may be eligible for benefits. The veteran can appeal an VA decision in the event of disagreement by filing a written 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 reopen an appeal that was previously denied if it receives new and relevant evidence that backs the claim.

Making a Claim

The VA will require all of your medical, service and military records to prove your disability claim. You can provide them by completing the eBenefits website application in person at a local VA office, or by mail using Form 21-526EZ. In some instances you may need to provide additional documents or statements.

Tracking down civilian medical records that confirm your condition is equally important. This process can be made easier by providing the VA with the complete address of the medical care facility where you received treatment. It is also important to provide the dates of your treatment.

Once you have completed all required documentation and medical evidence after which the VA will conduct an C&P examination. This will involve a physical examination of the body part affected and dependent on your disability it could include lab work or X-rays. The examiner will prepare a report, which he or she will send to the VA.

If the VA decides that you are entitled to benefits, they'll mail a decision letter that includes an introduction and their decision to accept or deny your claim and the rating and the specific disability benefit amount. If you are denied benefits, they will detail the evidence they looked over and why they made their decision. If you appeal the VA sends a Supplemental Case Statement (SSOC).

Making a decision

It is important that claimants are aware of all the forms and documentation required during the gathering and reviewing of evidence phase. If a form hasn't been filled out correctly or if the correct kind of document isn't presented then the entire process will be delayed. It is imperative that claimants take their exams on time.

The VA will make an ultimate decision after reviewing all the evidence. The decision is either to be in favor or against the claim. If the claim is denied, it is possible to make a Notification of Disagreement (NOD) seeking an appeal against the decision.

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

During the SOC process it is also possible for a claimant include new information or get certain claims re-judged. This is referred to as Supplemental Claims or Higher-Level review, or Board Appeal. It can be helpful to add new information to an appeal. These appeals permit an experienced or senior law judge to look over the initial claim for disability again and possibly make a different decision.