How to File a Veterans Disability Case

Many veterans have medical problems after they join the military, but they don't reveal them or treat them. They figure they will go away or get better after a time.

But years pass and those problems get worse. Now they require help from the VA to get compensation. The problem is that the VA won't believe them.

Getting Started

Many veterans wait for a long time before filing claims. They might believe that they can deal with the issue or believe that it will disappear by itself if they don't seek treatment. It is crucial to file a claim as soon as the symptoms of disability are severe enough. If you are planning to make a claim in the future and you are unsure of the procedure, let the VA know by submitting an intent to submit form. This will help establish a earlier effective date, making it easier to recover your money for time you've missed due to your disability.

When you file your initial claim, it's important to provide all evidence relevant. This includes medical clinics for civilians and hospital records regarding the injuries or illnesses you plan to claim as well as any military records that pertain to your service.

Once the VA receives your claim, they will review it and gather additional evidence from you and your health care providers. Once they have the information they require, they'll schedule you for an examination for compensation and pension (C&P) to determine your rating.

It is recommended to complete this in conjunction with your separation physical to ensure that it is documented as a disability resulting from service, even when the rating is only 0%. It is easier to request an increase in rating should your condition gets worse.

Documentation

To receive the benefits you are entitled to, it's essential that you provide your VA disability lawyer with all relevant documents. This could include medical documents, service records, and letters from family members, friends or coworkers that know how your disability affects you.

Your VSO can help you gather the required documentation. This could include medical records from the VA hospital and private physician's records or diagnostic tests as well as other evidence to prove that you have a chronic condition and that it was caused by or worsened by your service in the Armed Forces.

The next step is for VA to assess the evidence and determine your disability rating. This is done by using an approved schedule by Congress that designates the disabilities that are eligible for compensation and in what percentage.

If VA determines that you qualify for disability benefits, they will inform you in writing of their decision. They'll also send all relevant documents to Social Security. If they determine that you do not have a qualifying disability and the VSO will return the documents to you and you can appeal this decision within a specific time.

A VA lawyer in Kalamazoo can assist you in obtaining the evidence needed to support your claim. In addition, to medical documentation our veterans advocate can obtain opinions from independent medical examiners, as well as an opinion from your VA treating physician regarding the impact of your disabilities on your life.

Meeting with VSO VSO

A VSO can help with a range of programs, which extend beyond disability compensation. They offer vocational rehabilitation and employment, home loan and group life insurance. They also can assist with medical benefits and military burial benefits. They will look over all of your service records and medical information, to find out which federal programs you are qualified for and will fill out the required paperwork to apply.

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

When the VA has all the evidence, they will go through it and determine a disability rating according to the severity of your symptoms. A VSO can discuss your ratings as well as any other state benefits, for which you might be eligible with you after you have received an answer from the federal VA.

The VSO can assist you in requesting an appeal to the VA in the event you disagree with a ruling of the federal VA. The Appeals Modernization Act provides three "lanes" to appeal. These include a supplementary claim or a review at a higher level or a written notice of disagreement to the Board of Veterans Appeals. A VSO can assist you in determining which appeal/review option is best for your situation.

Appeals

The VA appeals procedure can be complex and long. It could take up to a year or more to receive a decision, based on the AMA choice you make and if your case is eligible for priority processing. An experienced disability attorney can help you decide the best path to take and may file an appeal on your behalf in the event of a need.

There are three ways to appeal a Veterans Benefits denial however each one takes different amount of time. A lawyer can help you determine which one is appropriate for you and will explain the VA disability appeals procedure so that you are aware of what to 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 forward your appeal to the Board. The BVA will then issue a Statement of the 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 fresh and relevant evidence to the VA. This could include medical evidence, but also non-medical proof such as lay statements. An attorney can make these statements on your behalf and also obtain independent medical examinations and a vocational expert opinion. If the BVA declines your supplemental claim, you can submit an appeal to the Court of Appeals for Springfield Veterans Disability Lawyer Claims.