If you’re one of the thousands of veterans who were injured in the line of duty and are now disabled, chances are you’ve at least once attempted to apply for disability benefits. If you’re reading this blog post, it’s also possible your claim has been denied. But whatever your current status, there is a process to filing your Veterans disability claim.
The VA’s website is the place to start, and offers basic guidelines and tells you what evidence you need to support your claim. This includes:
- VA medical records that are either related to your injury/illness, or demonstrate that your rated disability is worsening
- Hospital reports and other private medical records that are either related to your injury/illness, or demonstrate that your rated disability is worsening
- Supporting statements from friends, family, fellow service members and others that can provide additional information on how your injury/illness occurred, or how it has worsened. This is also called “lay evidence.”
You can apply online at the VA’s website, by visiting your local VA office, by calling by calling 800-827-1000, or by printing the application here and mailing it to your local VA office.
If you need help, please see our recent blog post on getting assistance with filing your application.
Medical Records And Evidence
The VA provides a list on its website of all the evidence you’ll need to gather for your claim application in addition to VA Form 21-526 and your DD-214.
There are two options for submitting your claim:
- A Fully Developed Claim, in which you’ll take full responsibility for gathering, organizing and enclosing all of your relevant medical records, supporting documentation, and certify that the VA does not need to recover any more of your records to support your claim. Once you certify that all the relevant records are enclosed, you will be required to attend any medical exams the VA needs and requests for them to reach a decision on your claim.
- A Standard Disability Claim, in which the VA takes responsibility for recovering any documentation needed for your claim. You’ll need to specify in your application where the records can be obtained or found, especially if they are not with a federal agency. You may be asked to obtain some of these records, such as medical records from a private doctor or hospital, and you will also be required to attend any medical exams the VA needs and requests to reach a decision on your claim.
Lay Evidence
This is evidence that doesn’t require specialized knowledge to deliver, including:
- Your personal testimony regarding the symptoms of your current disability
- Your spouse, children or other relative’s testimony about a diagnosis you received many years ago at a military hospital
- A “buddy statement” that corroborates something that happened to you while you were in the service
- Performance evaluations done before and after an incident that caused your illness, injury or disability
This supporting evidence is usually submitted as a written statement, and is included with your claim.
Bureau of Veterans Affairs
Once everything is submitted, the BVA will review your file, and determine whether or not you qualify for disability benefits, and if so, assign a percentage.
However, you are ineligible for benefits if:
- Your disability was caused by misconduct
- You were dishonorably discharged
- You were avoiding duty when the injury occurred, i.e., AWOL or deserting
- You were injured while in prison or detained in relation to a court martial or a civil court felony
If you are denied and would like to appeal, contact an attorney who specializes in disability law. You have a short time frame for appeal, so get started immediately.
Helping Houston’s Disabled Veterans
Have you had trouble applying and qualifying for VA disability benefits? Been denied and need to appeal? It’s time to reach out for help. William Herren is a veterans disability attorney who can make the claims and appeals process easier. Call The Herren Law Firm today at 713-682-8194 (or use our online contact form) to schedule your free consultation. Our contingency fee basis means you won’t owe a fee until we win your case, and there’s no obligation.
