How to File a Veterans Disability Claim

Veterans should seek out the assistance of a Veteran Service Officer (VSO). VSOs are located in every county, in addition to many federally recognized tribal nations.

The Supreme Court on Monday declined to consider a case that could have opened the door for veterans to receive backdated disability compensation. The case involves a Navy veteran who was on an aircraft carrier which hit another ship.

Symptoms

Veterans must have a medical issue which was caused or aggravated during their time of service in order to be eligible for disability compensation. This is referred to as “service connection”. There are a variety of ways veterans disability Law firms can demonstrate service connection that include direct, presumptive secondary, indirect and direct.

Some medical conditions are so serious that a person with a chronic illness cannot continue to work and may require specialized treatment. This could result in an indefinite rating of disability and TDIU benefits. Generally, a veteran has to be suffering from one disability that is graded at 60% in order to qualify for TDIU.

The most frequently cited claims for VA disability benefits relate to musculoskeletal injuries and disorders such as knee and back pain. These conditions must be constant, persistent symptoms, and clear medical evidence which connects the cause to your military service.

Many veterans assert service connection on a secondary basis for ailments and diseases that are not directly linked to an in-service experience. Examples of secondary conditions include PTSD and sexual trauma in the military. A lawyer for disabled veterans disability lawyers can assist you compare the documentation to the VA guidelines and gather the required documentation.

COVID-19 is a cause of a range of chronic conditions that are classified under the diagnostic code “Long COVID.” These include a variety of physical and mental health issues that range from joint pain to blood clots.

Documentation

The VA requires medical evidence when you apply for disability benefits. The evidence may include medical documents from your VA doctor and other physicians, X-rays and diagnostic tests. It should prove that your condition is connected to your service in the military and that it is preventing you from working and other activities you previously enjoyed.

A written statement from friends and family members could also be used to prove your symptoms and how they affect your daily routine. The statements must be written by individuals who are not medical professionals, but must contain their own observations of your symptoms and the effect they have on you.

The evidence you provide is kept in your claims file. It is important to keep all the documents together and to not miss deadlines. The VSR will go through all the information and make a decision on your case. You will receive the decision in writing.

You can get an idea of the type of claim you need to prepare and the best method to organize it by using this free VA claim checklist. This will help you keep all the documents that were submitted and the dates they were received by the VA. This is particularly useful in the event that you have to file an appeal based on the denial.

C&P Exam

The C&P Exam is one of the most important aspects of your disability claim. It determines the severity of your illness and the rating you will receive. It also forms the basis for many other evidence in your case, including your DBQ (Disability Benefits Questionnaire) and any medical record you provide to VA.

The examiner is medical professional working for the VA or an independent contractor. They must be familiar with the specific circumstances for which they will be conducting the examination, so it's critical that you have your DBQ along with all your other medical records available to them at the time of the exam.

It's also crucial to show up for the appointment and be honest with the medical professional about your symptoms. This is the only way they'll have to accurately document and understand your experience of the illness or injury. If you are unable attend your scheduled C&P examination, make sure to contact the VA medical center or your regional office as soon as possible and let them know that you must move the appointment. If you're not able to attend your scheduled C&P exam call the VA medical center or your regional office as soon as possible and let them know that you must reschedule.

Hearings

If you are not satisfied with the decisions of the regional VA office, you can appeal to the Board of Veterans Appeals. Hearings on your appeal can be scheduled once you file a Notice Of Disagreement (NOD). The kind of BVA hearing will be based on your specific situation and what was wrong in the initial decision.

In the hearing, you'll be taken to be sworn in and the judge will ask questions to get a better understanding of your case. Your attorney will assist you through answering these questions to ensure that they are most helpful to you. You can also add evidence to your claim file if needed.

The judge will then take the case on advice, which means that they'll look over the information in your claim file, what was said during the hearing, as well as any additional evidence that is submitted within 90 days following the hearing. They will then issue an unconfirmed decision on your appeal.

If the judge determines that you are not able to work due to a service-connected medical condition, they can grant you a total disability that is based on individual unemployedness. If you aren't awarded this amount of benefits, you may be awarded a different one that is schedular or extraschedular disability. In the hearing, you must be able to show how multiple medical conditions interfere with your capability to work.