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All claims for services or benefits administered by the Department are subject to the review and acceptance of the Secretary of the Department of Veterans Affairs. A veteran carries the burden of proving that he or she qualifies for the benefit or service for which they are applying. If the Secretary determines the application for benefits is incomplete or more evidence is needed to make a decision, the Secretary must notify the applicant, and the applicant will have one year to provide the requested evidence or information. If the requested evidence or information is not received on time, the claim for benefits or services can be denied.
If medical information is required for approval of your claim you may have a report prepared by a private physician, and submit that report as evidence for your claim. The Secretary can accept the report from a private physician at their own discretion if it is believed to be thorough enough. However, when reviewing a claim the Secretary has the right to have another physician review the evidence.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified veteran's benefits lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local veteran's benefits attorney to discuss your specific legal situation.