How to File a Gallatin Veterans Disability Attorney Disability Claim

A claim for disability from a veteran is a request for compensation due to an injury or illness that is connected to military service. It could also be a claim for dependency and indemnity payments (DIC) for spouses of survivors and dependent children.

A veteran might have to provide documents to support an claim. Claimants can accelerate the process by attending their medical appointments and submitting their requested documents on time.

Identifying a disability

The military can cause injuries and illnesses such as arthritis, musculoskeletal conditions, and sprains. Veterans are susceptible to respiratory issues, loss of hearing and other ailments. These ailments and injuries are considered to be disability-related more often than other types due to their long-lasting effects.

If you were diagnosed with an injury or illness while on active duty then the VA will require proof it was caused by your service. This includes medical clinic records and private hospital records that relate to the injury or illness you suffered, as well as statements from relatives and friends regarding your symptoms.

The severity of your illness is an important factor. If you're active, younger vets can recover from certain muscle and bone injuries. As you get older however, the chances of recovering diminish. It is important that northlake veterans disability lawsuit file a claim for disability while their condition is still serious.

If you are a recipient of 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 beneficial for the Veteran to provide their VA rating notification letter from the regional office that confirms the rating as "permanent" and indicates that no further exams are scheduled.

Gathering Medical Evidence

If you'd like the VA to accept your disability benefits, it needs medical evidence that proves that a disabling condition is present and is severe. This could be private medical records, a declaration by a doctor or health care professional who treats your condition, as well as evidence in the form of photos or videos that display your symptoms or injuries.

The VA must make reasonable efforts in order to gather evidence relevant to your particular case. This includes federal records and non-federal records (private medical records, for example). The agency is required to look for these kinds of records until it is certain that they do not exist or else it would be futile.

Once the VA has all of the required information It will then draft an examination report. The report is based on patient's history and the symptoms, and is often submitted to a VA examiner.

This report is used to make a determination regarding the claim for disability benefits. If the VA determines the condition is dependent on service, the claimant might be qualified for benefits. If the VA disagrees, the claimant may contest the decision by filing a Notice of Disagreement and requesting an additional examiner to look into their case. This is known as a Supplemental Statement 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 benefits, the VA will need all of your medical records and service records. You can submit these documents by completing an eBenefits application on the VA website, in person at an VA office near you, or by mail using Form 21-526EZ. In some cases, you might need to submit additional documents or forms.

Finding medical records from civilians that support your condition is equally important. You can speed up the process by providing complete addresses to medical centers where you've received treatment, including dates of treatment, and being as precise as you can regarding the records you are sending the VA. The location of any medical records from the military you have will enable the VA benefits division to have access to them as well.

The VA will conduct an examination C&P after you have provided the required paperwork and medical proof. This will involve a physical exam of the affected area of your body and depending on the extent to which you're disabled the lab work or X-rays may be required. The examiner will then create an assessment report and then send it to the VA to be reviewed.

If the VA decides that you are eligible for benefits, they'll send you a decision letter which includes an introduction and a decision to accept or reject your claim, an assessment, and the specific amount of disability benefit. If you are denied benefits, they will provide the evidence they analyzed and the reason for their decision. If you contest, the VA will send a Supplemental Statement of the Case (SSOC).

Making a Decision

During the gathering and reviewing of evidence it is crucial for the claimant to be aware of the forms and documents they are required to submit. The entire process can be slow if a document or document is not properly completed. It is also essential that claimants make appointments for examinations and attend the exams as scheduled.

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

The next step is to prepare a Statement of Case (SOC). The SOC is an accounting of all the evidence considered, actions taken, the decisions made, and the laws that govern the decision.

During the SOC, a claimant may also add additional information to their claim, or request that it be re-judged. This is known as a Supplemental Claim, Higher-Level Review or Board Appeal. It can be helpful to add new information to an appeal. These types of appeals allow a senior reviewer or a veteran law judge to go over the initial disability claim again and possibly make a different decision.