VA Disability Compensation: Gathering the Evidence, Filing the Appeal
Practice Area: Veterans Benefits
To receive VA Disability Compensation for service-connected injury or exacerbation, you must prove that you have an injury or illness that arose during your military duty or was made worse by an occurrence during your military duty.
The process is started by filing a form 21-526. You need to get a copy of your service record to see what is documented about the injury, illness, and occurrence.
Early medical records from the period soon after discharge can be important as well. Current medical records need to be collected from all sources to establish the existence and severity of the current condition. Download the DBQ form from the VA website to help you manage this process.
Then, it is necessary to obtain a medical opinion stating that it is at least as likely as not that your current problem is service-connected. Proof of any one of these elements can be a daunting project. Many claims fail, even though the benefit of the doubt goes to the veteran.
If you receive a decision you disagree with, talk to us about the Appeal. You'll file a Notice of Disagreement (NOD), and the accredited Veterans Benefits attorneys of Fink Rosner Ershow-Levenberg Law Firm will evaluate your case and develop a strategy for the Appeal. Sometimes there were errors of fact or law. Other times we need to submit new and material evidence, or opinion letters from treating physicians. We will do whatever we can to assemble the persuasive proof that is needed.