A Veteran’s disability claim has many components. If any of them are incomplete or do not support each other, the claim will have lower approval odds. If you have interacted with the Veterans’ Administration, you know that properly structuring your claim will form the best foundation for approval and payment of the disability benefits you deserve.
Marc Whitehead & Associates, Attorneys at Law, LLP, is dedicated to ensuring our clients get the disability benefits they deserve. We have helped many servicemen and women nationwide successfully navigate the VA’s disability claims process. We help clients gather, organize, and submit all the required information, documents, and materials that the VA requires to review a claim.
Eligibility for a Veterans Disability Claim
The key elements of the Veterans’ disability claim process are understanding who qualifies for benefits, what makes them eligible, and how to demonstrate qualifications and eligibility in an application.
You will be eligible and qualify for benefits, regardless of your age, if you were in active service in one of the branches of the military, you were other than dishonorably discharged, and your physical or mental disability was caused or made worse by events or circumstances related to your service. You should not hesitate to consult with a Veteran’s claim attorney if you have questions.
The VA Disability Claims Process – How to File a Claim
The Veterans Administration publishes a comprehensive guide that explains the basics of how to file a VA disability claim. As described in that guide, you will need to gather three types of documents and records to support your claim:
- Your Military Service Records
Among other critical elements, these records will verify the branch of the military that you served in, your dates of service, and your discharge status. You can get them directly by filing an online request or completing a hard copy of Standard Form 180 and mailing it to the appropriate address.
- Complete and Accurate Medical Records
Include all your VA medical records and reports of hospitalizations and treatments you received for a service-related illness or injury. You must also provide copies of private medical records that reflect your physicians’ appointments and hospitalizations after your discharge. You may be able to submit release forms to your private healthcare providers and direct them to forward copies of your healthcare records to the VA.
- Evidence That Supports Your Disability Claim
This evidence might include, for example, written statements from employers or family members who can attest to how your disability impacts your day-to-day life. You might also submit affidavits from other service members who can add details of events that gave rise to your disability.
Collecting and organizing these documents and records and verifying that they present a coherent picture of your disability can be daunting. If you get overwhelmed and your efforts are delayed, consider submitting an Intent to File Form with the VA, which will establish an earlier date that may justify retroactive disability payments.
Connecting Your Military Service to Your Disability
Your VA disability claim will be more likely to be approved if the documents and information you submit show a clear connection between your military service and your disability. You will meet this burden if the evidence you submit with your claim establishes the following:
- You have a current disability diagnosis that has been verified by a medical professional.
- You experienced an injury or illness caused by an event that occurred while you were an active service member.
- Your evidence shows a medical nexus between your current disability and an in-service event.
The Veterans Administration will use your evidence to assign a VA Disability Rating to your claim, which will be the basis of any benefits you might receive. If you disagree with your rating, a VA disability claims lawyer can help you appeal your claim to better reflect the limitations that your disability imposes on you.
Contact Marc Whitehead & Associates for a Free Consultation
The Veteran’s Administration is an excellent resource for individuals who have served our country. Even so, it is a government bureaucracy that can be challenging to deal with.
The VA disability claims attorneys at Marc Whitehead & Associates can help you cut through the bureaucracy and frustration of dealing with the VA. Please call our offices to discuss your VA disability claim and how we can structure your claim to optimize your opportunity to achieve a successful result. Our firm works on a contingency fee basis, meaning there are no upfront or out-of-pocket fees. We only get paid if you do.
