How to File a Veterans Disability Case

Many veterans who join the military with medical problems that they don't seek out or treat. They figure they will go away or get better after a time.

As time passes, the problems get worse. Now they need the VA's assistance to receive compensation. The problem is that the VA won't believe them.

Getting Started

Many veterans have to wait for years before filing a disability claim. They might believe that they are able to handle the issue or believe that it will disappear by itself without treatment. It is important to file a claim as soon as the symptoms of disability become severe enough. If you are planning to make a claim in the future then let the VA know by submitting an intent to file form. This will help you establish an earlier effective date and will make it easier for you to receive your back pay.

It is crucial to include all relevant evidence when you submit your initial claim. This includes civilian medical clinic and hospital records pertaining to the ailments or injuries you're planning to claim as well as any military documents related to your service.

Once the VA has received your claim, they will review it and gather additional evidence from you and your health healthcare providers. Once they have all of the information they require, they'll schedule an appointment for you to take the Compensation and Pension Exam (C&P) in order to determine your rating.

It is best to do this as a part of your separation physical to ensure that it is recognized as a service-connected disability, even in the event that the rating is 0 percent. It will be much easier to request an increase in your rating if your condition becomes worse.

Documentation

It is vital that you supply all the necessary documentation to your VA disability lawyer to be able to claim the benefits to which you are entitled. This can include service records, medical documentation and other evidence of a lay nature, such as letters from relatives, friends members, or coworkers who understand how your disabilities affect you.

Your VSO can assist you in gathering the required documentation. This can include medical records from the VA Hospital or a private doctor's report or diagnostic tests, and other evidence that proves you suffer from a chronic illness and that your time in the Armed Forces caused or worsened it.

The next step is for VA to review the evidence and determine your disability rating. This is accomplished using the schedule created by Congress that defines which disabilities are eligible for compensation and at what percentage.

If VA determines that you are eligible 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 determine that you don't have a qualifying disability then the VSO returns the document and you can appeal the decision within a certain timeframe.

A VA lawyer in Kalamazoo can help you gather the evidence needed for your claim. Our bridgeton veterans disability lawyer advocate can also obtain medical records and opinions from independent medical examiners, and Vimeo.com a written statement from the VA treating doctor regarding your condition.

Meeting with VSO VSO

A VSO can help with a myriad of programs beyond disability compensation, such as vocational rehabilitation and employment home loans and group life insurance, medical benefits and military burial benefits and many more. They will go over all of your records from service, and medical records to find out which federal programs you are eligible for and fill out the necessary 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 their families. They are authorized by law to represent any Veteran or dependent with a claim for any federal benefit.

Once the VA has all of your evidence, they'll review it and determine a disability rating depending on the severity of your symptoms. If you are granted a decision by the federal VA, you will be contacted by a VSO will discuss with you your rating and any other state benefits you may be entitled to.

The VSO can also help you request a hearing with the VA to resolve an issue if you disagree with a decision of the federal VA. Under the Appeals Modernization Act, there are three "lanes" available for an appeal such as a supplemental appeal, an upper-level review, or an appeal to the Board of Veterans Appeals. A VSO can help you decide which appeal or review option is appropriate for your situation.

Appeals

The VA appeals procedure can be complicated and lengthy. It could take a year or longer to receive a decision, depending on the AMA route you choose and if your case is eligible for priority processing. An experienced disability attorney can help you decide the best route to take and can file an appeal on your behalf if required.

There are three different ways to appeal a denial of bellmawr veterans disability law firm benefits However, each requires different amount of time. A lawyer can assist you in deciding the best option for you. They can also explain the VA disability appeals procedure so that you know what to expect.

If you prefer to bypass the DRO review and go directly to the BVA, you must submit an appeal form 9 formal appeal and wait for your regional office to forward your case 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 required.

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