How to File a Veterans Disability Case

Many veterans disability law firms experience medical issues after they join the military, but do not disclose them or treat them. They think that the problem will disappear after a while or get better.

As time passes the problems get worse. Now they need the VA's assistance to obtain compensation. The problem is that the VA will not believe them.

Getting Started

Many veterans wait for years before filing claims. Many veterans wait years before filing a disability claim. It is important to file a claim when the symptoms of disability become serious enough. If you're planning to make a claim in the future then inform the VA know by submitting an intent to submit form. This will help you determine an effective date that is more recent and will make it easier to claim your back pay.

When you file your initial claim, it is important to include all relevant evidence. This includes the medical clinics of civilians and hospital records pertaining to the illnesses or injuries you intend to claim as well as any military records related to your service.

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

This must be done in tandem with the separation physical to ensure that your condition is categorized as service-connected even if it's not%. It will be much easier to ask for an increase in rating should your condition becomes worse.

Documentation

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

Your VSO can assist you in gathering the necessary documentation. This may include medical records from the VA hospital or private physician's report or diagnostic tests as well as other evidence to prove that you suffer from a debilitating condition that was caused or made worse due to your service in the Armed Forces.

The next step is for VA to examine the evidence and determine your disability rating. This is done with the schedule created by Congress that specifies which disabilities are eligible for compensation and in what percentage.

If VA finds that you have a qualifying disability, they will inform you of their decision in writing and then send the appropriate documents to Social Security for processing. If they decide that you don't have a qualifying disability, the VSO will return the documents to you and the decision is yours to appeal within a set time.

A VA lawyer in Kalamazoo can assist you in obtaining the evidence needed for your claim. Our veterans disability lawsuits advocate can collect medical documentation and opinions from independent medical examiners as well as a letter from the VA treating physician about your condition.

Meeting with VSO VSO

A VSO can assist with a variety of programs that go beyond disability compensation, including vocational rehabilitation and employment, home loans and group life insurance, medical benefits and military burial benefits and more. They will look over all of your documents from your military service, and veterans disability law Firms medical records to find out what federal programs you're eligible for and then fill out the required paperwork for you to apply.

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

Once the VA has all the evidence, they'll review it and determine a disability classification depending on the severity of your symptoms. A VSO can discuss your rating and any additional state benefits to which you might be eligible with you once you receive an answer from the federal VA.

The VSO can assist you in requesting an interview with the VA in the event 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 notice of disagreement to the Board of Veterans Appeals. A VSO can help you decide which appeal or review options are appropriate for your particular situation.

Appeals

The VA appeals process can be complicated and lengthy. Depending on the AMA route is chosen and whether or not your case is processed with priority, it can take an extended time to receive an answer. A veteran disability lawyer can assist you in determining the best way to proceed and file a formal appeal on your behalf, if required.

There are three different ways to appeal a veterans benefits denial, but each takes different amount of time. A lawyer can help you decide the best option for your particular situation, and also explain the VA disability claims process so you are aware of what to expect.

If you wish to bypass the DRO review to directly go to BVA the BVA, then fill out Form 9 and wait for the regional office to transfer the file to the Board. The BVA will issue a Statement Of Case (SOC). You may request an individual hearing before the BVA but it's not a requirement.

A supplemental claim gives you the opportunity to provide fresh and relevant evidence for the VA. This includes medical evidence but also non-medical evidence like lay statements. An attorney can present these statements on your behalf and also get independent medical examinations and a vocational expert's opinion. If the BVA rejects your supplemental claim you can appeal to the Court of Appeals for Veterans Claims.