How to File a Veterans Disability Case

Many veterans enter military service with health issues that they do not report or treat. They think they'll be cured or disappear after a time.

As time passes, these problems continue to get worse. Now, they need help from the VA to receive compensation. The VA isn't convinced by the VA.

Getting Started

Many veterans have to wait for years before submitting a disability claim. Many veterans wait for Veterans Disability years before filing a disability claim. It is important to file a claim as soon as the symptoms of disability get severe enough. Let the VA know that you intend to file a claim at an earlier date by submitting an intent to file. This will help establish a earlier effective date, making it easier to recover pay for the time you've already lost due to your disability.

It is crucial to include all relevant proof when you submit your initial claim. This includes civilian medical clinic and hospital records pertaining to the injuries or illnesses you're planning to claim as well as any military records related to your service.

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

It is best to do this in conjunction with your separation physical, so that it is recorded as a disability that is service-connected, even when the rating is zero percent. It will be much easier to ask for an increase in rating in the event that your condition becomes worse.

Documentation

To get the benefits you are entitled to, it is essential to provide your VA disability lawyer with all the relevant documentation. This could include service records, medical documentation and lay evidence like letters from family, friends members, or coworkers who understand the impact of your disabilities on you.

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

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

If VA determines that you qualify for disability benefits, they will inform you in writing of their decision and send all the necessary documents to Social Security. If they decide that you don't have a qualifying disability, the VSO returns the document and you can appeal the decision within a predetermined time frame.

A VA lawyer can assist you to find evidence to support your claim. In addition to medical evidence our veterans advocate can seek opinions from independent medical examiners and an opinion from your VA treating doctor on the impact of your disabilities on your daily life.

Meeting with a VSO

A VSO can assist with a myriad of programs beyond disability compensation, such as vocational rehabilitation and employment such as home loans, group life insurance, medical benefits as well as military burial benefits and more. They will look over your medical records and service records to determine which federal programs are accessible to you, and fill in the required paperwork.

Many accredited representatives work for VA-accredited/federally chartered veterans disability law firm 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 claims for any federal benefit.

Once the VA has all of your evidence, they will review it and assign a disability rating based on the severity of your symptoms. A VSO can discuss your rating as well as any other state benefits for which you might be eligible after you have received an answer from the federal VA.

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. The Appeals Modernization Act provides three "lanes" to appeal. They include a supplementary claim or a higher-level review or a notification of disagreement to the Board of Veterans Appeals. A VSO can help you decide the best appeal/review option for your particular situation.

Appeals

The VA appeals process can be complicated and lengthy. Based on which AMA option is selected and if your case is treated with priority and it could take several months to receive a final decision. A veteran disability attorney can help you decide the best course of action and can make an appeal on your behalf if required.

There are three methods to appeal a denial of veterans benefits However, each requires different amounts of time. A lawyer can assist you in deciding which is best for your situation, and also explain the VA disability claims process so you are aware of what to expect.

If you want to forgo the DRO review and instead go directly to the BVA You must submit a Form 9 formal appeal and wait for the regional office of your region to transfer your file to the Board. The BVA will then issue a Statement of the Case (SOC). You may request an individual hearing before the BVA but it isn't mandatory.

A supplemental claim gives you the opportunity to present fresh and relevant evidence to the VA. This includes medical proof, but also non-medical evidence such as statements from lay people. An attorney can present these statements on behalf of you and can also obtain independent medical exams and a vocational expert opinion. If the BVA rejects your supplemental claim you can appeal to the Court of Appeals for Veterans Claims.