How to File a Veterans Disability Case

Many veterans enter military service suffering from medical conditions that they don't seek out or treat. They figure they will be cured or disappear after a while.

As time passes, the problems become more severe. Now, they need help from the VA to get compensation. The VA does not believe in the VA.

Getting Started

Many veterans wait for a long time before making claims. Many veterans are waiting for years before filing a disability claim. This is why it is essential to initiate filing a claim as soon the symptoms of disability become serious enough. If you intend to pursue a claim in future, inform the VA know by submitting an intent to submit form. This will allow for a later effective date, making it easier to get back payment for time that you've lost due to your disability.

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

When the VA receives your claim they will review it and gather additional evidence from you and your health healthcare providers. Once they have the data they require, they will schedule you for an exam for compensation and Veterans Disability pension (C&P) to determine your rating.

It is recommended to do this in parallel with your separation physical to ensure that it is recognized as a disability resulting from service, even if the rating is 0 percent. It will be much easier to ask for an increase in rating should your condition worsens.

Documentation

It is crucial to submit all the documentation required to your VA disability lawyer in order to get the benefits to which you are entitled. This could include medical records, service records and letters from friends, relatives or colleagues who understand the impact of your disability on you.

Your VSO can assist you in gathering the necessary 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 that proves you have a debilitating illness and that your time in the Armed Forces caused or worsened it.

The next step is for VA to evaluate the evidence and determine your disability rating. This is done using a schedule drafted by Congress that defines which disabilities can be compensated and in what percentage.

If VA determines that you qualify for disability benefits, they will inform you in writing of their decision. They will also send all the necessary documents to Social Security. If they find that you do not have a qualifying impairment and the VSO returns the documents and you have the option to appeal the decision within a certain time frame.

A VA attorney in Kalamazoo will assist you with gathering the evidence required for your claim. Our veterans advocate can also obtain medical documentation and opinions from independent medical examiners as well as a statement from the VA treating physician about your condition.

Meeting with a VSO

A VSO can help with a range of programs that go beyond disability compensation. These include vocational rehabilitation employment, home loans, and group life insurance. They can also assist with medical benefits and burial benefits. They will review your medical records and service records to determine which federal programs are available to you and fill out 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 disability law firms, Servicemembers, and their families. They are authorized to represent the interests of a Veteran or a dependent who has claims for any federal benefit.

When the VA receives all your evidence, they will go over it, and assign the disability rating depending on the severity of your symptoms. When you are given a determination by the federal VA, an VSO will discuss your ratings with you and any additional state benefits you may be entitled to.

The VSO can help you request an appointment with the VA when you disagree with a ruling of the federal VA. In the Appeals Modernization Act, there are three "lanes" available for an appeal which include a supplemental claim a higher level review or an appeal to the Board of Veterans Appeals. A VSO can assist you in deciding the best appeal/review option for your particular situation.

Appeal

The VA appeals process is complicated and lengthy. Depending on which AMA route is chosen and if your case is handled in a priority manner this could mean it takes an extended time to receive an answer. A veteran disability lawyer can help you determine the best path to follow and can also file an official appeal on your behalf, if required.

There are three options for appealing the denial of veterans' benefits, but each one takes a different amount of time. A lawyer can help you decide which one is appropriate for you. They can also explain the VA disability appeals process to help you are aware of what to expect.

If you want to skip the DRO review for you to directly submit your case to BVA the BVA, then submit Form 9 and wait for the regional office to transfer the file to the Board. The BVA will then issue an Statement of Case (SOC). You can request an individual hearing before the BVA but it's not required.

A supplemental claim provides an chance to present new and relevant evidence to the VA. This includes medical evidence, but also non-medical evidence like statements from lay people. Lawyers can present these statements and obtain independent medical examinations aswell as a vocational expert's recommendation on your behalf. If the BVA declines your supplemental claim you may file an appeal to the Court of Appeals for Veterans Claims.