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Survival Tip #
1
Understanding
The Veteran's Disability Claims Process
Veterans
disability benefits are generally available for veterans who became
disabled as a result of impairments sustained or made worse while
on duty. In order to award benefits, the Department of Veterans
Affairs (VA) must find that an applicant: was honorably discharged;
suffered a service connected disability - or had a condition made
worse while on duty; and continues to suffer from the disability;
based on competent medical and other evidence.
How
do I Prove Eligibility for VA Benefits?
A
veteran seeking VA disability benefits must show that he or
she:
-
Served in
active service and was honorably discharged;
-
Was
injured, became sick, or exacerbated an existing injury or disease
during service;
-
Is
currently suffering from the effects or symptoms of the injury or
disease; and
-
That these
effects or symptoms are directly related to military
service.
Claimants
should draw on a variety of evidence, including medical and
military records and witness testimony, in order to establish these
elements of a successful benefits claim.
Can
I Obtain Disability Benefits If I'm Still
Working?
Yes. The VA
finds that many beneficiaries are still able to work in some
capacity. For example, a person rated 60 percent disabled by the VA
and receiving benefits may still be able to work to a limited
extent. The agency does not offset benefits based on other
earnings.
How
Do I File a VA Disability Benefits Claim?
In order to
obtain disability benefits, a veteran must file a claim with the
VA. The VA disability benefits claims process starts with the
application, or the filing of the claim. A person seeking benefits
must complete a claim form (VA 21-526) and submit it to the VA for
review either online or by mail. The VA disability benefits claims
process can be a complex, tangled web of paper
work.
At Insler &
Hermann, LLP we help guide clients through the process by seeking
out and reviewing medical and other evidence to ensure that they
can establish each of the required elements of a successful
benefits claim.
At
Insler & Hermann, LLP, our VA disability benefits attorneys
regularly represent our clients in these claims, and are
intimately familiar with both the claims process and how to prove a
specific claim. We understand what the VA is looking for in a
claim, and we know how to obtain the necessary evidence and present
it in the most clear and convincing possible
manner.
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