How to File a Veterans Disability Case

Many veterans join military service with health issues which they don't report or treat. They think they'll be cured or disappear after a while.

As the years go by as time passes, the issues continue to worsen. Now they need VA assistance to obtain compensation. The problem is that the VA will not believe them.

Getting Started

Many veterans are waiting for years before filing claims. Many veterans disability lawsuits wait for years before making a claim for disability. Therefore, it is crucial to begin the process as soon as the symptoms of disability become severe enough. If you're planning to file a claim in the future, inform the VA know by submitting an intent to submit form. This will help establish a earlier effective date, which makes it easier to get back money for the time you've already missed due to your disability.

It is essential to include all relevant evidence when you submit your initial claim. This includes any medical clinics in the civilian sector and hospital records pertaining to the injuries or illnesses you plan to claim, veterans disability lawyer as well as any military records that pertain to your service.

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

This must be done in tandem with the separation physical to ensure that your disability is recorded as service-connected even if it's not percent. It is easier to request an increase in your rating if your condition worsens.

Documentation

It is vital that you provide all the required documentation to your VA disability lawyer in order to get the benefits to which you are entitled. This could include service records, medical documentation and even lay evidence, such as letters from relatives, friends members or colleagues who know how your disabilities affect you.

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

VA will then review the evidence to determine your disability rating. This is done by using a schedule drafted by Congress which specifies which disabilities are compensable and at what percentage.

If VA determines that you are suffering from a qualifying disability, they will notify you of the decision in writing, and then send the relevant documents to Social Security for processing. If they determine that you do not have a qualifying impairment The VSO returns the document to you and you may appeal the decision within a specific time period.

A VA lawyer in Kalamazoo will assist you with gathering the evidence you need to support your claim. Our veterans advocate can also collect medical documentation and opinions from independent medical examiners, and a written statement from the VA treating doctor about your condition.

Meeting with a VSO

A VSO can help with a range of programs that go beyond disability compensation, including vocational rehabilitation and employment home loans, group life insurance medical benefits including military burial benefits and more. They will review your medical and service records to determine which federal programs are available to you and 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, Servicemembers, and their families. They are legally authorized to represent an Veteran or veterans Disability Lawyer their dependents or survivors who has a claim to any federal benefit.

After the VA has all your evidence, they will go through it and determine a disability rating in accordance with the severity of your symptoms. When you are given a determination by the federal VA, an VSO can discuss with you your ratings and any additional benefits from the state that you might be entitled to.

The VSO can also assist you to request an appeal to the VA to resolve an issue if you disagree with a decision made by the federal VA. The Appeals Modernization Act provides three "lanes" for an appeal. These are a supplemental claim or a review at a higher level 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. It could take up to a year or longer to receive the outcome, depending on the AMA lane you choose and whether your case qualifies for priority processing. A veteran disability lawyer can help you determine the best path to follow and file a formal appeal on behalf of you if needed.

There are three different ways to appeal a veterans disability lawyer (click here to read) benefits denial Each one requires different amounts of time. A lawyer can help you determine which one is appropriate for you. They can also explain the VA disability appeals process so that you know what to expect.

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

A supplemental claim gives you the opportunity to provide new and relevant evidence to the VA. This can include medical evidence as well as non-medical evidence like lay statements. Lawyers can submit these statements and get independent medical exams as well as a vocational expert's recommendation on your behalf. If the BVA decides to deny your claim you may appeal to the Court of Appeals for Veterans Claims.