How to File a Veterans Disability Case

Many Veterans Disability Law Firms experience medical issues when they join the military, but don't reveal them or treat them. They think that the problem will be gone after a period of time or improve.

But years pass and those problems become more severe. Now, they need help from the VA to receive compensation. The VA doesn't believe the VA.

Getting Started

Many veterans wait for years before filing a claim for disability. They might think that they can manage the problem or that it will disappear on its own without treatment. It is important to file a claim as soon as the symptoms of disability become severe enough. Let the VA be aware if you are planning to file a claim at later dates by submitting an intent to file. This will allow you to determine an earlier effective date and will make it easier to get your back pay.

When you file your initial claim, it is important to include all relevant evidence. This includes any medical clinics in the civilian sector and hospital records related to the ailments or injuries you are planning to claim, as well as any military records pertaining to your service.

Once the VA accepts your claim they will review it and collect additional evidence from you and your health care providers. Once they have the information they require, they will arrange for you to take an examination for compensation and pension (C&P) to help them decide your rating.

This should be done in parallel with the separation physical, so that your condition is documented as service-connected, even if it's 0 percent. It is much easier to request an increase in rating in the event that your condition gets worse.

Documentation

To get the benefits you are entitled to, it is crucial to provide your VA disability lawyer with all of the relevant documents. This can include medical records, service records and letters from relatives, friends or coworkers that know how your disability affects you.

Your VSO can assist you in gathering the required documentation. This could include medical records from the VA Hospital and a private physician's report as well as diagnostic tests and other evidence that proves that you suffer from a chronic illness and that your time 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 a schedule drafted by Congress that defines the disabilities that are eligible for compensation and in what percentage.

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

A VA attorney can help you find evidence to support your claim. Our veterans disability lawsuits advocate can also obtain medical documentation and opinions from independent medical examiners as well as a letter from the VA treating physician about your disability.

Meeting with VSO VSO

A VSO can help with a variety of programs beyond disability compensation, such as vocational rehabilitation and employment loans for home and group life insurance, veterans Disability law Firms medical benefits and military burial benefits and many more. They will go through your medical and service records to determine what federal programs are available to you. They will also 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, Servicemembers, and their families. They are authorized to represent the interests of a Veteran or dependent who is an application for any federal benefit.

After the VA receives all of your evidence, they will go over it, and assign an assessment of disability depending on the severity of your symptoms. If you are granted a decision by the federal VA, the VSO will be able to discuss with you the ratings and any additional state benefits that you may be entitled to.

The VSO can assist you in requesting an hearing with the VA when you disagree with a ruling of the federal VA. The Appeals Modernization Act provides three "lanes" to appeal. They are a supplementary claim or a review at a higher level or a notice 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 is complex and Veterans disability law firms lengthy. Depending on the AMA lane is chosen and if your case is handled in a priority manner this could mean it takes a long time to receive the final decision. A veteran disability lawyer can assist you in determining the best way to proceed and file a formal appeal on your behalf, if necessary.

There are three options for appealing the denial of veterans' benefits However, each takes a different amount of time. A lawyer can assist you in deciding the best option for you. They can also explain the VA disability appeals process to help you are aware of what to expect.

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

A supplemental claim provides you with the opportunity to provide new and relevant evidence to the VA. This can include medical evidence however, it can also include non-medical proof such as lay assertions. Lawyers can present these statements and obtain independent medical exams as well as a vocational expert's opinion on your behalf. If the BVA denies your supplemental claim you may file an appeal to the Court of Appeals for veterans disability attorneys Claims.