How to File a Veterans Disability Case

Many veterans have medical problems when they enter the military, but they do not declare them or address them. They believe that the issue will go away after a time or improve.

As time passes, the problems get worse. Now they need help from the VA to receive compensation. The problem is that the VA isn't going to believe them.

Getting Started

Many veterans wait for a long time before filing an claim. They might think that they are able to handle the problem or that it will disappear on its own without treatment. It is important to start a claim as soon as the symptoms of disability become serious enough. If you plan to pursue a claim in future, inform the VA know by submitting an intent to submit form. This will help you establish an effective date that is more recent and make it easier to receive your back pay.

It is essential to include all relevant proof when you file your initial claim. You should include all medical records from hospitals and clinics that pertain to the injuries or illnesses you are planning to claim as well as military records.

The VA will review your claim and collect additional evidence from you and your healthcare providers. Once they have the data they require, they'll arrange for you to take an examination for compensation and pension (C&P) to help them decide your rating.

This is best done in conjunction with the separation physical, veterans disability so that your condition is documented as service-connected, even if it's not%. This will make it much simpler to obtain an increase in rating later on when your condition becomes worse.

Documentation

It is vital that you submit all the documentation required to your VA disability lawyer to ensure that you receive the benefits to which you are entitled. This could include medical documents, service records as well as letters from family members, friends or coworkers who are aware of how your disability affects you.

Your VSO can help you gather the necessary documentation. This may include medical records from the VA hospital as well as private physician's reports as well as diagnostic tests and other evidence to prove that you suffer from a debilitating condition and that it was caused or worsened through your service in the Armed Forces.

The next step is for VA to examine the evidence and determine your disability rating. This is accomplished by using a schedule created by Congress which defines which disabilities are compensable and in what percentage.

If VA decides that you are eligible for disability benefits, they will inform you in writing of their decision and send all the relevant documents to Social Security. If they conclude that you do not have a qualifying disability and the VSO will return the document to you, and the decision is yours to appeal within a set time.

A VA attorney can help you gather evidence for your claim. Our veterans disability lawyers advocate can also obtain medical documentation and opinions from independent medical examiners as well as a letter from the VA treating doctor about your disability.

Meeting with VSO VSO

A VSO can assist with a wide range of programs that go beyond disability compensation, including vocational rehabilitation and employment home loans, group life insurance medical benefits, military burial benefits, and many more. They will review your medical and service records to determine the federal programs accessible to you, and fill in the required paperwork.

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 law firm, Servicemembers, and their families. They are authorized to represent any Veteran or dependent who is claims for any federal benefit.

Once the VA has received all of your evidence, they will examine the evidence, and then assign the rating of disability in accordance with the severity of your symptoms. A VSO can discuss your rating as well as any other state benefits, for which you could be eligible, with you when you receive a decision from the federal VA.

The VSO can also help you request a hearing with the VA to resolve a problem if you disagree with a decision of the federal VA. The Appeals Modernization Act provides three "lanes" for appeals. These are a supplemental claim, or a more thorough review or a notification of disagreement to the Board of Veterans Appeals. A VSO can assist you in deciding which appeal/review options are best for your situation.

Appeal

The VA appeals process can be complex and time-consuming. Based on which AMA lane is chosen and if your case is considered prioritised or not, it could take an extended time to receive an answer. An experienced disability attorney can help you decide the best way to proceed and veterans Disability may make an appeal on your behalf, if needed.

There are three options to appeal a veterans benefits denial however each one takes different amount of time. A lawyer can assist you in deciding the best option for your situation and also explain the VA disability claims process so that you know what to expect.

If you wish to skip the DRO review and instead go directly to the BVA you must submit a Form 9 formal appeal and wait for your regional office to transfer your case to the Board. The BVA will then issue an Statement of Case (SOC). You may request an individual hearing before the BVA but it's not a requirement.

A supplemental claim gives you the chance to submit new and relevant evidence to the VA. This can include medical evidence and non-medical evidence such as lay assertions. An attorney can make these statements on behalf of you and also obtain independent medical examinations and a vocational expert's opinion. If the BVA declines your supplemental claim you may file an appeal to the Court of Appeals for Veterans Claims.