When a veteran develops a disabling physical, cognitive, or mental health condition due to injuries, illnesses, or events they experienced during their military service, they may qualify for disability payments from the Department of Veterans Affairs (VA). Understanding how to file a VA disability claim can give a veteran a better chance of success in recovering benefits for their service-connected medical condition.
The best step is to get help from an experienced veterans disability attorney at Disability Law Group. Contact us now for a free consultation to discuss your options.
Eligibility Requirements for VA Disability Compensation
Veterans may qualify for VA disability benefits if they meet two initial requirements. First, the veteran must have a current injury or illness that affects their mind or body. Second, the veteran must have served on active duty, active duty for training, or inactive duty training. Furthermore, a veteran must meet at least one of three secondary criteria:
- The veteran got sick or injured while serving in the military and can connect their current illness or injury to their in-service injury or sickness.
- The veteran had an illness or injury before joining the military, and serving worsened it.
- The veteran has a disability related to their active-duty service that did not manifest until after they left the military.
The VA assumes that some conditions qualify as service-connected conditions that may make a veteran eligible for VA disability benefits, including:
- A chronic illness that manifests within one year of discharge from the military
- An illness caused by exposure to toxic chemicals or hazardous materials
- An illness caused by time spent as a prisoner of war
Step 1: Gather the Necessary Documents
First, veterans who apply for VA disability benefits should gather the supporting documentation they need for their benefits application. A VA disability claim may require a veteran to submit various types of supporting documents, such as:
- Military service records – Can corroborate a veteran’s claim of an in-service event that caused their current medical conditions
- Medical records – Provide a formal diagnosis of the veteran’s conditions and describe how the conditions affect the veteran’s mind or body
- Work records – Can show how a veteran’s conditions have affected their ability to work
- “Buddy” statements – Written statements from fellow servicemembers, commanding officers, family members, or friends that describe in-service events or discuss how a veteran’s conditions have affected their life, which can corroborate the veteran’s claim
Step 2: Choose How You Want to File
A veteran has several options for submitting a VA disability claim, including:
- File your claim online
- File by mail
- File in person at a Department of Veterans Affairs regional office
- File by fax
- File through an accredited attorney, claims agent, or Veterans Service Organization (VSO) representative
Step 3: Complete and Submit VA Form 21-526EZ
A VA disability claim requires a veteran to complete and submit VA Form 21-526EZ. Veterans must complete every section of the form unless the form instructs otherwise. VA Form 21-526EZ will ask a veteran to supply information such as:
- Identification information, including name, Social Security number, service number, date of birth, telephone number, mailing address, and email address
- Whether the applicant is homeless or faces a risk of becoming homeless
- Whether the veteran faced exposure to toxic substances or hazardous materials during military service
- A list of claimed service-connected disabilities, including a description of the in-service event or injury that caused the disability, an explanation of how the disability relates to the in-service event or injury, and the approximate date of the onset or worsening of symptoms from the disability
- The veteran’s service information
- The veteran’s current or future retired, separation, or disability severance pay
Step 4: Attend VA Exams (If Requested)
During the claim-evaluation process, the VA may ask a veteran to submit additional medical information regarding their claimed service-connected condition, including updated medical records to document the veteran’s current condition. The VA may also ask the veteran to attend a compensation and pension (C&P) exam, during which a medical professional will review the veteran’s medical records, conduct a physical examination, and perform diagnostic testing such as radiology scans or blood tests.
A veteran must attend a C&P exam if requested. If they cannot make the scheduled exam, they should contact the provider to reschedule it for another convenient date. Failing to attend the C&P exam may give the VA grounds to deny the veteran’s disability claim.
Step 5: Track Your Claim Status
Veterans should monitor their claim status to check whether the VA has requested additional information or documentation. Failing to respond to correspondence from the VA may lead the department to deny a disability claim. Furthermore, tracking the claim status may alert a veteran to the need to contact the VA when unexplained delays in processing the claim occur.
Step 6: Receive a Decision
When you receive the VA’s decision on your disability claim, you should read the notice carefully. The notice will inform you whether the VA has accepted or denied your claim. If the VA accepts your claim, the notice will also tell you your disability rating, which determines your monthly benefits. If the VA denies your claim, the notice will state the reasons for the denial. Reviewing the decision notice can help you determine the next steps you may need to take on your claim.
What If Your Claim for Veterans Disability Compensation Is Denied?
A veteran who receives a claim denial notice has several options for contesting the denied claim. The VA provides three avenues for seeking further review of a VA disability claim:
- Supplemental claim – Allows a veteran to submit additional information to correct deficiencies in the initial application
- Higher-level review – Requests a new review of the veteran’s claim by a higher-level reviewer, but the veteran may not submit new information
- Review by the Board of Veterans’ Appeals – Obtains review of the claim by an administrative judge knowledgeable in veterans law
After exhausting the VA’s decision review process, a veteran may seek judicial review of the denial of their VA disability claim by filing an appeal to the U.S. Court of Appeals for Veterans Claims.
When a veteran has their VA benefits claim denied, they should talk to a lawyer as soon as possible for guidance throughout the decision review and appeals process.
Contact a VA Disability Lawyer Today
When you face difficulties getting the benefits you deserve, our veterans disability attorneys can advocate for your interests throughout the VA disability claim process. Contact Disability Law Group today for a free, no-obligation consultation to learn more about the process of filing a VA disability claim.
