How to File a burbank veterans disability lawyer Disability Claim
A northport veterans disability law firm disability claim is a request for the payment of compensation due to an illness or injury that is connected 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 to support their claim. Claimants can speed up the process by making sure they attend their appointments for medical examinations and submitting the required documents on time.
Identifying a disability
The military can lead to injuries and illnesses such as arthritis, musculoskeletal problems, and sprains. Veterans are susceptible to respiratory issues hearing loss, respiratory problems and other illnesses. These ailments and injuries are usually accepted for disability compensation at a much more hefty rate than other conditions because they cause long-lasting effects.
If you were diagnosed with an injury or illness during your time of service, the VA must be able to prove it was the result of your active duty. This includes medical documents from private hospitals and clinics related to your injury or illness as well the statements of relatives and friends regarding the symptoms you experience.
A crucial factor to consider is how severe your condition is. The younger vets are able to recover from bone and muscle injuries, if they work at it but as you become older, the chances of recovery from these conditions decrease. It is essential that veterans submit a claim for disability when their condition remains grave.
Those who have been rated as having a 100% permanent and total disability could be eligible to apply for Social Security Disability Insurance/Supplemental Social Security Income (SSI/SSDI). To help expedite the SSA application process, it is helpful to have the Veteran provide their VA rating notification letter from the regional office. It indicates the rating as “permanent” and also states that there are no future tests scheduled.
Gathering Medical Evidence
If you’d like to have your VA disability benefits to be approved it will require medical evidence to prove that the condition is serious and limiting. This could include private records, a written letter from a doctor, or a different health care provider, who treats your condition. It can also include images or videos showing your symptoms.
The VA is legally required to make reasonable efforts to obtain relevant evidence on your behalf. This includes both federal and non-federal records (private medical records for instance). The agency should continue to look for these records until it is fairly certain that they don’t exist. Otherwise, any further efforts will be futile.
Once the VA has all the information required the VA will prepare an examination report. This is based upon the claimant’s history and symptoms and is typically submitted to a VA examiner.
The examination report is used to determine if there is a need for a decision on the disability benefit claim. If the VA finds the condition to be due to service, the applicant may be eligible for benefits. If the VA disagrees, the veteran can appeal the decision by filing an Notice of Disagreement and requesting a higher-level examiner to review their case. This is known as a Supplemental State of the Case. The VA may also allow a reopening of an earlier denied claim when they receive new and pertinent evidence to back the claim.
How to File a Claim
To prove your claim for disability, the VA will need all of your medical 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 via mail with Form 21-526EZ. In some instances you may need to provide additional forms or statements.
It is also essential to locate any medical records from the civil service that could support your medical condition. This process could be made faster by providing the VA with the exact address of the medical care facility where you received treatment. You must also provide dates of treatment.
After you have provided all the necessary paperwork and medical documentation and medical evidence, the VA will conduct the C&P examination. This will consist of a physical exam of the affected area of your body and depending on how you are disabled the lab work or X-rays may be required. The examiner will prepare an examination report, which he or she will submit to the VA.
If the VA determines that you are eligible for benefits, they will issue an approval letter that contains an introduction, their decision to approve or deny your claim. They will also provide a rating and a specific disability benefit amount. If you are denied, they’ll describe the evidence they considered and the reason they came to their decision. If you file an appeal, the VA will issue an Supplemental Statement of the Case (SSOC).
Making a Decision
It is vital that the claimants are aware of all the forms and documents needed during the gathering and review of evidence phase. The entire process could be reduced if a form or document is not properly completed. It is essential that the claimants attend their scheduled tests.
The VA will make the final decision after examining all evidence. The decision will either be to approve or reject 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 complete a Statement of Case (SOC). The SOC is an official record of all evidence considered, actions taken, the decisions made, and the laws that govern the decisions.
During the SOC the claimant may also provide additional information to their claim, or have it re-adjudicated. This is known as a Supplemental Claim or Higher-Level Review, also known as a Board Appeal. It is a good idea in bringing new information into an appeal. These types of appeals permit a senior reviewer or a veteran law judge to go over the initial disability claim again and, if necessary, make a new decision.