How to File a Veterans Disability Case

Many veterans join military service with health issues that they don't report or treat. They believe that they will be cured or disappear after a time.

As time passes the problems continue to worsen. Now they need the VA's help to get compensation. The VA isn't convinced by the VA.

Getting Started

Many veterans wait for a long time before making claims. They may believe they are able to manage the issue or think it will go away by itself if they don't seek treatment. It is crucial to file an application as soon as the disability symptoms become serious enough. If you intend to submit a claim in the future and you are unsure of the procedure, let the VA know by filing an intent to submit form. This will allow for a later effective date, making it easier to recover payment for time that you have already missed out on because of your disability.

It is crucial to 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're planning to file a claim for, and military documents.

Once the VA has received your claim, they will review it and gather additional evidence from you and your health care providers. Once they have the information they require, they'll schedule you for an exam for compensation and pension (C&P) to help them decide your rating.

This should be done in parallel with the separation physical, to ensure that your disability is categorized as service-connected even if it's 0 percent. This will make it easier to file for an increase in rating later on if your condition worsens.

Documentation

It is essential to provide all the required documentation to your VA disability lawyer to be able to claim the benefits to which you are entitled. This could include medical documents, vimeo service records as well as letters from family members, friends or Vimeo coworkers who know the impact of your disability on you.

Your VSO can help you gather the necessary documentation. This could include medical records from the VA Hospital, private physician's report or diagnostic tests, and other evidence that shows that you suffer from a chronic illness and that your service in the Armed Forces caused or worsened it.

The next step is for VA to review the evidence and determine your disability rating. This is accomplished using the schedule created by Congress that specifies which disabilities are eligible to be compensated and at what percentage.

If VA finds that you suffer from a qualifying disability, they will inform you of the decision in writing and send the appropriate documents to Social Security for processing. If they decide that you do not have a qualifying impairment and the VSO returns the document and you can appeal the decision within a specified time frame.

A VA lawyer in Kalamazoo can help you gather the evidence needed for your claim. In addition, to medical documentation our veterans advocate can seek opinions from independent medical examiners, as well as an opinion from your VA treating physician on the impact of your disability on your life.

Meeting with VSO VSO

A VSO can assist with a variety of programs, which extend beyond disability compensation. These include vocational rehabilitation as well as employment, home loans and group life insurance. They can also assist with medical benefits and military burial benefits. They will review your medical and service records to determine which federal programs are available to you and then 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 disability lawsuit, Servicemembers, and their families. They are authorized to represent a Veteran or a dependent with claims for any federal benefit.

Once the VA receives all the evidence, they'll review it, and then give you the rating of disability depending on the severity of your symptoms. A VSO can discuss your ratings, and additional state benefits for which you might be eligible with you once you receive a decision from the federal VA.

The VSO can assist you in requesting an appeal to the VA when you disagree with a decision of the federal VA. The Appeals Modernization Act provides three "lanes" for appeals. They are a supplementary claim or a review at a higher level or a notification of disagreement to the Board of Veterans Appeals. A VSO will assist you in determining which appeal or review option is the most appropriate for your particular situation.

Appeals

The VA appeals procedure can be complex and lengthy. It could take a full year or more to receive an answer, based on the AMA option you select and if your case is eligible for priority processing. A veteran disability lawyer can help you decide the best course of action and can make an appeal on your behalf, if needed.

There are three methods to appeal a denial of veterans benefits Each one requires different amounts of time. A lawyer can help you decide which one is right for your situation and explain the VA disability appeals procedure so that you understand what to expect.

If you'd like to bypass the DRO review in order to directly go 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 then issue a Statement of the Case (SOC). You can request an individual hearing before the BVA but it's not a requirement.

A supplemental claim provides an chance 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. A lawyer can submit these statements, and also obtain independent medical exams as well an expert's opinion from a vocational specialist on your behalf. If the BVA denies your claim, you can appeal to the Court of Appeals for Veterans Claims.