How to File a Veterans Disability Case

Many veterans go into military service with medical issues that they don't seek out or treat. They think that the problems will go away over time or improve.

However, as time goes by, those problems become more severe. Now they require help from the VA to get compensation. The VA doesn't believe the VA.

Getting Started

Many veterans wait for a long time before making an claim. Many veterans Disability lawyer wait for years before making a claim for disability. It is crucial to file a claim when the symptoms of disability get severe enough. Let the VA know if you plan to make a claim at a later date by submitting an intention to file. This will help you establish a more recent effective date and will make it easier to get your back pay.

It is vital to include all relevant proof when you file your initial claim. You must include all medical records from clinics and hospitals pertaining to the injuries or illnesses you intend to claim, as well as military documents.

When the VA receives your claim they will review it and collect additional evidence from you and your health medical professionals. Once they have the data they require, they will arrange for you to take a compensation and pension exam (C&P) to determine your eligibility.

This must be done in tandem with the separation physical, so that your disability is categorized as service-connected even if the disability is not a%. This will make it much easier to request an increased rating later if your condition worsens.

Documentation

In order to obtain the benefits you are entitled to, it's essential to provide your VA disability lawyer with all of the relevant documentation. This may include medical records, service records and other evidence of a lay nature, such as letters from family members, friends members or colleagues who know how your disabilities affect you.

Your VSO can assist you with gathering the required documentation. This can include medical records from the VA Hospital as well as a private physician's note as well as diagnostic tests and other evidence to prove that you have a debilitating illness and that your service in Armed Forces caused or worsened it.

VA will then review the evidence to determine your disability rating. This is done with a schedule drafted by Congress that specifies the disabilities that are eligible for compensation and at what percentage.

If VA finds that you have a qualifying disability, they will inform you of their decision in writing and then send the relevant documents to Social Security for processing. If they determine that you don't have a qualifying impairment and the VSO returns the document and you can appeal the decision within a certain period of time.

A VA attorney in Kalamazoo will assist you with gathering the evidence needed to support your claim. Our veterans disability lawyer advocate can get medical documents and opinions from independent medical examiners as well as a statement from the VA treating doctor about your condition.

Meeting with a VSO

A VSO can assist with a myriad of programs, ranging from disability compensation. They offer vocational rehabilitation, employment, home loans and group life insurance. They can also help with medical benefits and burial benefits. They will review all of your service records and medical records to figure out which federal programs you're eligible for and then fill out the required paperwork to apply.

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 veterans disability lawyer their families. They are authorized to represent any Veteran or dependent who is a claim of any federal benefit.

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

The VSO can help you request an appeal to the VA in the event that you are dissatisfied with a decision 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 to the Board of Veterans Appeals. A VSO can help you decide which appeal or review option is the most appropriate for your particular situation.

Appeals

The VA appeals procedure is complex and lengthy. Based on which AMA route is chosen and if your case is processed with priority this could mean it takes an extended time to receive a final decision. A veteran disability attorney can assist you in determining the best route to take and may make an appeal on your behalf if necessary.

There are three ways to appeal a veterans benefits denial Each one requires different amount of time. A lawyer can assist you in deciding which one is the most appropriate for your case, and also explain the VA disability claims process so you are aware of what you can expect.

If you prefer to bypass 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 file to the Board. The BVA will issue a Statement of Case (SOC). You can request a private hearing before the BVA, but it is not required.

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