How to File a Veterans Disability Case

Many veterans who join the military with medical problems that they don't seek out or treat. They believe that the issues will go away over time or improve.

But years pass and those problems become more severe. Now, they need help from the VA to receive compensation. The problem is that the VA won't accept their claims.

Getting Started

Many veterans have to wait for years before making an claim. Many veterans wait for years before filing a disability claim. It is essential to file a claim as soon as the symptoms of disability become severe enough. Let the VA know if you intend to make a claim at an earlier date by submitting an intent to file. This will help you establish an effective date that is more recent and will make it easier to receive your back pay.

When you file your initial claim, it is important to include all relevant evidence. You should include all medical records from hospitals and clinics that pertain to the ailments or injuries you're planning to file a claim for, and military documents.

The VA will review your claim and collect additional evidence from both you and your healthcare providers. Once they have all of the information they require, they'll schedule an appointment for you to take a Compensation and Pension Exam (C&P) to determine your eligibility.

It is recommended to complete this prior to your separation physical, so that it is documented as a disability that is service-connected, even when the rating is only 0%. This will make it simpler to obtain an increase in rating later on should your condition get worse.

Documentation

To get the benefits you are entitled to, it's essential to provide your VA disability lawyer with all of the relevant documentation. This can include medical documents, service records and letters from relatives, friends or coworkers that know how your disability affects you.

Your VSO can help you gather the required documentation. This could include medical records from the VA hospital as well as private physician's reports, diagnostic tests and other evidence to prove that you suffer from a debilitating condition that was caused by or veterans disability made worse by your service in the Armed Forces.

The next step is for VA to review the evidence and determine your disability rating. This is done with the schedule that was created by Congress that outlines the types of disabilities that are eligible for compensation and in what percentage.

If VA determines that you are eligible for disability benefits, they will inform you in writing of their decision. They will also send all the necessary documents to Social Security. If they determine that you don't have a qualifying disability and the VSO will return the documents to you and it is possible to appeal the decision within a specific time.

A VA lawyer in Kalamazoo will assist you with gathering the evidence needed to support your claim. Our veterans advocate can also get medical documents and opinions from independent medical examiners, as well as a statement from the VA treating doctor about your disability.

Meeting with a VSO

A VSO can help with a wide range of programs beyond disability compensation, including vocational rehabilitation and employment loans for home as well as group life insurance, medical benefits, military burial benefits, and more. They will review all of your service records, and medical records to figure out which federal programs you're eligible for and to fill out the necessary paperwork to apply.

Many accredited representatives work for VA-accredited/federally chartered veterans service organizations (VSOs), which are private non-profit groups that advocate on behalf of Veterans, Servicemembers, and their families. They are legally authorized to represent the interests of a Veteran or dependent who has a claim to any federal benefit.

When the VA has all the evidence, they'll review it and determine a disability classification based on the severity of your symptoms. A VSO will discuss your rating and other state benefits for which might be eligible with you when you receive an answer from the federal VA.

The VSO can also help you request a hearing with the VA to resolve an issue in case you disagree with a decision of the federal VA. The Appeals Modernization Act provides three "lanes" for an appeal. They include a supplementary claim, or a more thorough review or a written notice of disagreement to the Board of Veterans Appeals. A VSO can help you decide which appeal/review options are best for your particular situation.

Appeals

The VA appeals process can be lengthy and complicated. It could take a year or more to receive a decision, depending on the AMA option you select and if your case qualifies for priority processing. An experienced disability attorney can help you decide the best way to proceed and can make an appeal on your behalf, if needed.

There are three options to appeal the denial of benefits to veterans however each one requires the time in a different way. A lawyer can help you determine which option is the best for your situation, and also explain the VA disability claims process so you are aware of what you can expect.

If you want to skip the DRO review in order for you to directly submit your case to BVA then you must submit Form 9 and Veterans Disability wait for the regional office to forward the file to the Board. The BVA will issue a Statement of Case (SOC). You can request an individual hearing before the BVA but it isn't mandatory.

A supplemental claim is an chance to present new and relevant evidence to the VA. This could include medical evidence as well as non-medical evidence like lay statements. Lawyers can submit these statements and get independent medical tests as well as a vocational expert's recommendation on your behalf. If the BVA decides to deny your claim you may appeal to the Court of Appeals for veterans disability law firm Claims.