10 Tips For A VA Disability Claim
10 Tips For A VA Disability Claim
Military service is often a physically brutal experience. VA disability benefits are designed to provide veterans with financial compensation and support for injuries sustained on active duty. The Carter Mario Law Firm has spent over 30 years protecting the rights of those who suffered injuries, including veterans and their family members.
Filing a VA Disability Claim? Know What to Do.
Filing a VA disability claim for a physical or mental health condition can be a complex process. While the Department of Veterans Affairs performs a noble mission, it sometimes fails to award benefits to injured veterans. Accordingly, filing a VA disability claim for a physical or mental health condition can be frustrating. To assert a claim for VA disability benefits, a veteran must prove they suffered a service-related injury or developed a medical condition while on active duty.
Tips for Filing a VA Disability Claim
Many veterans fail to seek VA disability benefits often due to a misdirected sense of duty or lack of knowledge. This causes many VA disability claims to be erroneously denied. These VA disability tips can improve the likelihood of your VA disability claim being approved by the Department of Veterans Affairs.
- Get Appropriate Documentation of Your Disability
To make a claim for VA compensation, you must gather several documents and records. This is because you must prove your injury is service related. In extreme cases, veterans are required to prove their military service, deployments, and awards.
Medical Records
Before making a claim for VA benefits, you should request a complete copy of your medical records. Your injury may be noted in your military service treatment records. You should also gather copies of your civilian military records, as these can prove the extent and severity of your current condition.
Military Service Records
As previously stated, you should request your military service records. These records can help establish a connection between your current disability and your time in service. Specifically, they can help a claimed condition that occurred during your time in service, e.g., a veteran’s PTSD arose from a particularly traumatizing event which occurred during a combat deployment.
- Understand What Your Claim Needs
Many VA claims are complicated because veterans do not understand the VA claims process. Take the time to understand the specific requirements and criteria for your VA disability claim. Knowing what the VA is looking for can help you focus on gathering the right evidence and building a strong file for your claim.
- Provide as Much Information as Possible
When filing your VA claim, provide as much detailed information as possible about your disability. Include any relevant information about secondary conditions and symptoms which may have developed as a result of your primary disability. By providing more information, you strengthen your VA claim.
Include Secondary Conditions
When filing your VA disability claim, remember to include any secondary conditions which have developed as a result of your primary disability. A secondary condition is a disability that is caused by a service-related disability. These secondary conditions can significantly impact your daily life and should be documented and communicated to the VA.
- Submit an Intent to File
Before filing your formal claim, you file an Intent to File form with the VA. This will establish an earlier effective date for your claim, which can be beneficial if your disability worsens over time. Additionally, an earlier effective date may result in retroactive payments if your claim is initially denied and then subsequently approved on appeal.
- Send Evidence of Your Disability with Your Claim
When submitting your VA claim, include all the supporting evidence you have gathered. Specifically, you should obtain and submit a nexus letter. A nexus letter is a letter prepared by a medical professional which provides a medical opinion linking your injury and symptoms to a service-related event.
Include Witness Statements
VA claims do not solely rely on medical evidence. Gathering witness statements from friends, family members, or colleagues who have firsthand knowledge of your disability and its effects can strengthen your claim. These statements provide additional support and evidence to substantiate your case.
- Understand What Happens at a VA Exam
The VA may require you to undergo a compensation and pension exam to assess the severity and impact of your disability. Familiarize yourself with the process so you know what to expect and things to avoid saying during the claim exam which could hurt your VA claim. You can request a copy of the C&P exam findings by filing a written request with the VA.
- Attend Your VA Exam
It is crucial to attend your scheduled C&P examination. Failing to do so may result in delays or denial of your VA claim. Be prepared, arrive at the VA regional office on time, provide accurate information, and cooperate with the VA examiner during the pension exam.
- Submit Everything Within Deadlines
Pay close attention to the deadlines for submitting your VA claim and any requested documentation. You must have deadlines to avoid unnecessary delays or even the denial of your VA claim. Make sure to stay organized and submit all records and evidence on time.
- Stay Actively Involved in the Process
Stay engaged and follow up regularly on the status of your VA claim. Keep track of any communication or correspondence with the VA and promptly respond to requests for additional information or evidence. Being proactive can help ensure a smoother and more efficient process.
- File an Appeal if Needed
If your VA disability claim is denied or you believe your disability rating is insufficient, do not lose hope. You can file an appeal and present additional evidence to support your claim. Consult with an experienced attorney who specializes in disability claims to guide you through the appeals process.
Get Help from an Experienced Disability Attorney
Navigating the VA disability claim process can be challenging, especially if you are unfamiliar with the intricacies of the system. Seeking assistance from an experienced disability attorney can provide valuable support and expertise throughout your claim. Contact the Carter Mario Law Firm to learn how we can get you the compensation you deserve.
Summary of VA Disability Claim Tips
If you suffered an injury while on active duty, you may be entitled to VA benefits. Successfully filing a VA disability claim requires careful preparation, attention to detail, and thorough documentation. Stated simply, you can increase the strength of your claim by taking the time to obtain your service records and medical records.
