Veterans' Disability Claim Process
Step-by-Step Assistance Filing a VA Disability Claim
The Veterans' disability claim process is notorious for being difficult
and highly selective. In fact, the VA is known for high rates of claim
denials. As such, veterans looking to apply for benefits need to file
fully developed claims that give them the best possible chances of receiving
the benefits they need. At Shook & Stone, our Las Vegas veterans'
disability lawyers understand the obstacles clients face during the VA
claim process, and we aim to help them step-by-step through the claim process.
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Veterans Disability Eligibility
Before understanding the claim process, it is important to first understand
if you qualify for benefits. Veterans' disability benefits are available
to former service men and women – and in some cases family members
– who suffered disabilities as a result of their military service.
The U.S. Department of Veterans Affairs (VA) closely evaluates applicants
to ensure they are eligible for these benefits, which can include financial
assistance, health care, travel reimbursement, and employment services.
You may be eligible for benefits if you are:
- A veteran
- A veteran's dependent
- A surviving spouse, child, or parent of a deceased veteran
- A member of the Reserve or National Guard
In all of these cases, veterans must be discharged or released under conditions
that were other than dishonorable, and the claim must concern a disability
of at least 10%. Our legal team can evaluate your situation during a free
case evaluation to help you determine your eligibility.
Understanding the VA Disability Claim Process
Applying for benefits is a process that begins when veterans receive a
diagnosis for service-connected disabilities, including physical injuries,
mental health conditions, and post-traumatic stress disorder (PTSD), among
others. Veterans must then prove that these disabilities are a result
of their military service and provide the appropriate medical evidence
and supporting documentation. After submitting a claim and evidence, the
claim will be reviewed and a decision will be issued.
Claim phases may proceed as follows:
Step 1 – The claimant files a claim at the Regional Office and receives
a Rating Decision.
Step 2 – If the claimant disagrees with the decision, a Notice of Disagreement
is filed. The claimant may confirm whether he or she wishes to attend
a hearing before a Hearing Officer, who renders a decision.
Step 3 – If the claimant disagrees with that decision, an appeal is filed
with the Board of Veterans' Affairs where the matter is reviewed by
an Administrative Law Judge.
Step 4 – If the claimant disagrees with the Judge, an appeal is filed with
the Court of Appeals for Veterans' Claims.
Step 5 – The last possible appeal is to the Court of Appeals for the Federal Circuit.
Learn More About Filing a Claim - Contact Us Today!
At Shook & Stone, our Las Vegas veterans' disability lawyers are
passionate about helping veterans understand their rights, the claim process,
and how we can help them build the strongest possible claims. We work
closely with our clients and update them throughout the process. We also
have the experience to handle any difficulties that may arise.
To learn more about filing or appealing a VA claim,
contact us today for a FREE consultation.
VA Claim Process & Time Limits: