Tuesday, June 19, 2012

How to Process a Veteran Disability Claim

By Pamela Parker

Veterans Affairs disability benefits are available to people injured while on active duty in the military. People who are no longer in the military, but are suffering from an illness exacerbated by a service-related injury, are also eligible for benefits. If a person was dishonorably discharged from the military, he is not eligible to receive disability compensation. The amount of compensation received is based on the number of dependents the person has and the severity of the injury.

Fill out the Veterans Application for Compensation and/or Pension, also known as VA Form 21-526. The application is available online at the Veterans Online Application (VONAPP) Website. The application can be printed and filled out manually or it can be completed online. Call the toll-free number 800-827-1000 if you have any questions while completing the application.

Gather documents verifying the information the U.S. Department of Veterans Affairs will need to substantiate your disability claim. The application should include the discharge paperwork (DD214) and all medical records confirming the disability. Provide a copy of your marriage license and birth certificates of any dependent children, if applicable.

Mail the application and additional documentation to the local VA Regional office. It is highly recommended to mail the application via certified mail to confirm delivery. If the application is being submitted on the computer, the additional paperwork can be attached electronically. Save or print a copy of the confirmation page once the application has been submitted electronically. This page will contain the confirmation number and location of the VA office that will review the application.

Await your letter from the VA office listing any additional information or documents the VA needs to finish reviewing the application. The Rating Veterans Service Representative reviewing your claim may also request a free medical examination be performed to assess your medical condition. The sooner you comply with requests of the VA office, the sooner a decision can be reached.

Receive your VA Regional office's decision in the mail. If disability benefits are granted, the letter will state the amount of monthly compensation granted and the date the benefits will begin. If benefits are denied, the decision can be appealed.

Send a Notice of Disagreement (NOD) to the local VA office. The NOD must be submitted within one year after receiving notification of the original decision. A Statement of the Case (SOC) will be mailed to you providing a detailed explanation of the decision.

Complete a VA Form 9 and mail it to the local VA office if you are still not satisfied with the decision. The VA Form 9 will be included with the SOC mailed to you. The VA Form 9 must be submitted to the local VA office within one year after you were notified of the original decision. The case will be reviewed by the Board of Veterans' Appeals (BVA).

Await the BVA's decision, which will be mailed to you. If you disagree with the BVA's decision, you can try to reopen your case at the local VA office, or file an appeal with the U.S. Court of Appeals for Veterans' Claims.

File the VA disability claim as soon as you become eligible, because the date the claim is filed determines when benefits will start.

If the disability claim is denied, you can seek legal representation to assist with the appellate process. Representatives from the local VA office can also provide assistance throughout the application and appellate process.


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