How to File a Veterans Disability Case

Many veterans enter military service with health issues that they don't seek out or treat. They believe that the issue will go away after a time or improve.

As time passes the problems get worse. They now require the VA's assistance to get compensation. The VA doesn't believe the VA.

Getting Started

Many veterans wait for years before filing a claim. Many veterans disability lawsuit wait for years before filing a disability claim. Therefore, it is important to start a claim as soon as the symptoms of disability become severe enough. If you intend to file a claim in the future then inform the VA know by submitting an intent to submit form. This will help you determine a more recent effective date and will make it easier to receive your back pay.

When you file your initial claim, you need to provide all evidence relevant. It is essential to include all medical records from hospitals and clinics pertaining to the illnesses or injuries you're planning to file a claim for, as well as military documents.

Once the VA has received your claim, they will review it and collect additional evidence from you and your health care providers. Once they have all of the information they require, they will schedule an appointment for you to take an examination called a Compensation and Pension (C&P) in order to determine your rating.

It is recommended to complete this in parallel with your separation physical to ensure it is documented as a disability that is service-connected, even when the rating is zero%. This will make it much simpler to obtain an increased rating later when your condition becomes worse.

Documentation

It is essential to submit all the documentation required to your VA disability lawyer to ensure that you receive the benefits to which you are entitled. This may include service records, medical documentation and lay evidence like letters from relatives, friends members, or colleagues who understand how your disabilities affect you.

Your VSO can assist you in obtaining the necessary documentation. This could include medical records from the VA hospital and private physician's records, diagnostic tests and other evidence to prove that you suffer from a disabling condition and that it was caused by or made worse by your service in the Armed Forces.

VA will then assess the evidence to determine your disability rating. This is accomplished using a schedule drafted by Congress that specifies which disabilities are eligible for compensation and in what percentage.

If VA determines that you are suffering from a qualifying disability, they will notify you of their decision in writing. They will then forward the relevant documents to Social Security for processing. If they determine that you do not have a qualifying impairment then the VSO returns the form and you are able to appeal the decision within a predetermined period of time.

A VA lawyer can assist you to find evidence to support your claim. In addition to medical records, Youngtown veterans disability attorney our veterans advocate can get opinions from independent medical examiners as well as a letter from your VA treating physician on the impact of your disability on your daily life.

Meeting with a VSO

A VSO can help with a wide range of programs beyond disability compensation, including vocational rehabilitation and employment home loans and group life insurance, medical benefits and military burial benefits and more. They will look over your medical and service records to determine what federal programs are available to you. They will also fill with the required forms.

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 authorized to represent the interests of a Veteran or a dependent with claims for any federal benefit.

Once the VA has all of your evidence, they will review it and determine a disability classification according to the severity of your symptoms. A VSO will discuss your rating and any additional state benefits, for which you might be eligible, with you once you receive an answer from the federal VA.

The VSO can assist you in requesting an appeal to the VA in the event that you are dissatisfied with a ruling of the federal VA. The Appeals Modernization Act provides three "lanes" to appeal. These include a supplementary claim or a higher-level review or a notice of disagreement to the Board of Veterans Appeals. A VSO can help you decide which appeal or review option is best for your particular situation.

Appeals

The VA appeals process is complex and time-consuming. Depending on which AMA route is chosen and if your case is eligible to be handled in a priority manner, it can take some time to get an answer. A veteran disability lawyer can help you decide the best course of action and can make an appeal on your behalf if necessary.

There are three ways to appeal the denial of benefits to veterans however each one requires a different amount of time. A lawyer can help you decide the best option for you and will explain the VA disability appeals process to help you are aware of what to expect.

If you wish to bypass the DRO review to directly go to BVA, then you must submit Form 9 and 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's not a requirement.

A supplemental claim is an opportunity to present new and relevant evidence to the VA. This can include medical evidence however, it can also include non-medical proof such as lay assertions. An attorney can present these statements on your behalf and also obtain independent medical examinations and a vocational expert's opinion. If the BVA rejects your supplemental claim you can appeal to the Court of Appeals for Veterans Claims.