How to File a Veterans Disability Case

Many veterans go into military service suffering from medical conditions that they don't report or treat. They think that they'll be cured or disappear after a while.

But years pass and those problems become more severe. Now they need the VA's assistance to receive compensation. The problem is that the VA will not believe them.

Getting Started

Many veterans wait years before submitting a disability claim. They might think they are able to manage the issue or believe that it will disappear by itself without treatment. It is important to file a claim when the symptoms of disability become serious enough. Let the VA know if you intend to file a claim on a later date by submitting an intention to file. This will allow for a later effective date, making it easier to receive payment for time that you've already missed due to your disability.

It is important that you include all relevant proof when you file your initial claim. You should include all medical records from civilian hospitals and clinics pertaining to the ailments or injuries you intend to claim, as well as military documents.

The VA will examine your claim and request additional evidence from you and Vimeo your healthcare providers. Once they have the information they require, they'll schedule you for an exam for compensation and pension (C&P) to determine your eligibility.

It is recommended to complete this prior to your separation physical, so that it is recorded as a service-connected disability even when the rating is only 0 percent. This will make it easier to apply for an increase in rating later on in the event that your condition gets worse.

Documentation

It is important that you provide all the required documentation to your VA disability lawyer to ensure that you receive the benefits to which you are entitled. This can include medical records, service records and lay evidence like letters from friends, family members or Vimeo colleagues who know how your disabilities affect you.

Your VSO can assist you in obtaining 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 disabling condition and that it was caused by or worsened by your service in the Armed Forces.

VA will then assess the evidence to determine your disability rating. This is accomplished by using a schedule created by Congress that outlines which disabilities are compensable and in what percentage.

If VA determines that you are eligible for disability benefits, they will inform you in writing of their decision. They'll also send all relevant documents to Social Security. If they decide that you don't have a qualifying impairment then the VSO returns the form and you are able to appeal the decision within a certain timeframe.

A VA lawyer in Kalamazoo can help you gather the evidence you need to support your claim. Our veterans disability lawyer advocate can obtain medical records and opinions from independent medical examiners, as well as a statement from the VA treating physician about your disability.

Meeting with VSO VSO

A VSO can assist with a myriad of programs, which extend beyond disability compensation. They can help with vocational rehabilitation employment, home loans, and group life insurance. They can also assist with medical benefits as well as military burial benefits. They will look over all of your service records, and medical information to find out which federal programs you're qualified for and will fill out the required paperwork to apply.

Many accredited representatives work for VA-accredited/federally chartered estes park veterans disability lawsuit 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 dependent who is the claim of any federal benefit.

When the VA has all your evidence, they will review it and determine a disability classification according to the severity of your symptoms. When you are given a determination by the federal VA, an VSO will discuss with you the ratings and any additional benefits from the state that you might be entitled to.

The VSO can also help you request an appointment with the VA to resolve a problem if you disagree with a decision taken by the federal VA. Under the Appeals Modernization Act, there are three "lanes" that can be used to appeal such as a supplemental appeal, an additional level review or a notice of disagreement to the Board of Veterans Appeals. A VSO can assist you in deciding which appeal or review option is best for your situation.

Appeal

The VA appeals process is complicated and time-consuming. It could take a time of up to a year before you receive the outcome, depending on the AMA option you select and whether your case is eligible for priority processing. An experienced disability attorney can help you decide the best route to take and may make an appeal on your behalf if necessary.

There are three options to appeal the denial of benefits to veterans however each one requires an varying amount of time. A lawyer can help you determine which one is the most appropriate for your situation and explain the VA disability claims process so you know what you can expect.

If you'd like to bypass the DRO review for you to directly submit your case to BVA then you must fill out Form 9 and wait for the regional office to transfer the file to the Board. The BVA will issue a Statement of Case (SOC). You can request a private hearing before the BVA however it is not required.

A supplemental claim is an chance to present new and relevant evidence to the VA. This could include medical evidence, but also non-medical proof such as lay assertions. An attorney is able to submit these statements on your behalf and can also obtain independent medical examinations and a vocational expert opinion. If the BVA decides to deny your claim you can appeal to the Court of Appeals for Veterans Claims.