How to File a Veterans Disability Case

Many veterans enter military service suffering from medical conditions that they don't report or treat. They believe that they will disappear or improve after a while.

However, as time goes by, those problems get worse. They now require assistance from the VA to get compensation. The problem is that the VA isn't going to believe them.

Getting Started

Many veterans wait for years before making an claim. They may believe that they can manage the issue or think it will disappear by itself if they don't seek treatment. It is essential to file a claim when the symptoms of disability are severe enough. If you are planning to file a claim in the future you should inform the VA be aware by submitting an intent to submit form. This will help establish a earlier effective date, which makes it easier to get back your money for time you've lost due to your disability.

When you file your initial claim, it is crucial to provide all evidence relevant. It is essential to include all medical records from civilian hospitals and clinics that pertain to the illnesses or injuries you're planning to file a claim for, as well as military records.

The VA will examine your claim and request additional evidence from you and your healthcare providers. Once they have the data they need, they will arrange for you to take an examination to determine your compensation and pension (C&P) to determine your eligibility.

It is recommended to complete this prior to your separation physical, so that it is documented as a disability resulting from service, even when the rating is zero percent. It will be easier to request an increase in your rating if your condition becomes worse.

Documentation

In order to obtain the benefits you are entitled to, it's essential to give your VA disability lawyer with all relevant documents. This could include medical records, service records and letters from relatives, friends or coworkers who are aware of the impact of your disability on you.

Your VSO can assist you with gathering the necessary documentation. This could include medical records from the VA hospital, private physician's reports diagnostic tests, and other evidence to show that you suffer from a disabling condition that was caused by or made worse due to your service in the Armed Forces.

The next step is for VA to review the evidence and determine your disability rating. This is done with an approved schedule by Congress that determines which disabilities are eligible for compensation and at what percentage.

If VA determines that you qualify for disability benefits, they will inform you in writing of their decision. They'll also send all the necessary documents to Social Security. If they decide that you do not have a qualifying disability, the VSO will return the documents to you and it is possible to appeal the decision within a specific time.

A VA attorney in Kalamazoo can assist you in obtaining the evidence required for your claim. In addition to medical evidence our veterans disability lawyers advocate can get opinions from independent medical examiners, as well as a letter from your VA treating physician regarding the impact of your disabilities on your daily life.

Meeting with a VSO

A VSO can assist with a range of programs that go beyond disability compensation, including vocational rehabilitation and employment, home loans as well as group life insurance, medical benefits, military burial benefits, and many more. They will go through your medical and service records to determine what federal programs are available to you and fill with the required forms.

Many accredited representatives work for VA-accredited/federally chartered veterans disability service organizations (VSOs), which are private non-profit groups that advocate on behalf of Veterans, Veterans disability Servicemembers, and their families. They are legally authorized to represent the interests of a Veteran or their dependents or survivors who has a claim to any federal benefit.

Once the VA receives all the evidence, they will go over the evidence, and then assign the rating of disability based on your severity of symptoms. A VSO can discuss your rating, and additional state benefits, for which you could be eligible, after you have received a decision from the federal VA.

The VSO can also help you request an hearing with the VA to resolve a problem if you disagree with a decision taken by the federal VA. In the Appeals Modernization Act, there are three "lanes" available for an appeal which include a supplemental claim higher-level review or a Notice of Disagreement with the Board of Veterans Appeals. A VSO can assist you in determining the best appeal or review option for your situation.

Appeals

The VA appeals process can be complex and lengthy. Depending on which AMA choice is made and if your case is handled in a priority manner or not, it could take an extended time to receive a final decision. A veteran disability lawyer can help you determine the best path to follow and can file a formal appeal on your behalf if necessary.

There are three different ways to appeal a denial of benefits to veterans, but each takes different amount of time. A lawyer can assist you in deciding the best option for your case and can explain the VA disability appeals procedure so that you are aware of what to expect.

If you'd like to bypass the DRO review to directly go to BVA then you must complete Form 9 and wait for the regional office to forward the file to the Board. The BVA will issue a Statement of Case (SOC). You may request a personal hearing before the BVA however, it isn't required.

A supplemental claim gives you the opportunity to provide new and relevant evidence to the VA. This includes medical proof, but also non-medical evidence, such as lay statements. A lawyer can submit these statements, and also obtain independent medical examinations as well as a vocational expert's recommendation on your behalf. If the BVA decides to deny your claim you can appeal to the Court of Appeals for Veterans Claims.