How to File a Veterans Disability Case

Many pea ridge veterans disability attorney enter military service with medical problems that they don't report or treat. They think they'll go away or get better after a time.

As the years go by, these problems get worse. They now require assistance from the VA to receive compensation. The VA isn't convinced by the VA.

Getting Started

Many veterans wait years before submitting a disability claim. They may feel that they can manage the issue or think it will go away by itself, without treatment. It is essential to file a claim when the symptoms of disability become severe enough. If you intend to pursue a claim in future, inform the VA know by filing an intent to file form. This will help you establish an effective date that is more recent and make it easier for you to claim your back pay.

It is essential to provide all the relevant documentation when you submit your initial claim. This includes medical clinics for civilians and hospital records that relate to the ailments or injuries you plan to claim, as well as any military documents related to your service.

Once the VA receives your claim they will review it and collect additional evidence from you and your health care providers. Once they have all the data they require, they will set up an appointment to take an examination called a Compensation and Pension (C&P) to determine your rating.

It is recommended to do this as a part of your separation physical, so that it is recorded as a disability resulting from service, even if the rating is 0 percent. It will be much easier to request an increase in rating if your condition gets worse.

Documentation

To get the benefits you are entitled to, it is vital that you provide your VA disability lawyer with all the relevant documents. This could include medical records, service records and letters from family members, friends or colleagues who understand how your disability affects you.

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

The next step is for VA to evaluate the evidence and determine your disability rating. This is done with a schedule created by Congress that outlines which disabilities are compensable and at what percentage.

If VA determines that you are suffering from a qualifying disability, they will notify you of their decision in writing and then send the appropriate documents to Social Security for processing. If they decide that you do not have a qualifying impairment then the VSO returns the document to you and you may appeal the decision within a specified timeframe.

A VA attorney in Kalamazoo can assist you in gathering the evidence you need to support your claim. In addition to medical records, our veterans advocate can seek opinions from independent medical examiners, as well as a letter from your VA treating doctor on the impact of your disability on your daily life.

Meeting with VSO VSO

A VSO can assist with a wide range of programs beyond disability compensation, including vocational rehabilitation and employment loans for home, group life insurance, medical benefits and military burial benefits and more. They will go over all of your records from service, and medical records to figure out the federal programs you're eligible for and to complete 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 universal city Veterans disability attorney, Servicemembers, and their families. They are authorized to represent the interests of a Veteran or dependent who is a claim of any federal benefit.

Once the VA has all the evidence, they will review it and give you a disability score in accordance with the severity of your symptoms. When you are given a determination by the federal VA, a VSO will discuss your ratings with you and any additional benefits from the state that you might be entitled to.

The VSO can also help you request an appointment with the VA to resolve an issue when you are not satisfied with a ruling made by the federal VA. Under the Appeals Modernization Act, there are three "lanes" available for an appeal: a supplemental claim, an additional level review or a Notice of Disagreement to the Board of Veterans Appeals. A VSO will assist you in determining the best appeal or review option for your situation.

Appeals

The VA appeals procedure is complicated and lengthy. Depending on which AMA option is selected and if your case is eligible to be handled in a priority manner and it could take some time to get an answer. A veteran disability lawyer can assist you in determining the best path to follow and can file a formal appeal on your behalf if required.

There are three options to appeal the denial of veterans' benefits However, each takes the time in a different way. A lawyer can assist you in deciding which one is the most appropriate for your situation, and explain the VA disability claims process so you are aware of what you can expect.

If you wish to skip the DRO review and go directly to the BVA You must submit a Form 9 formal appeal and wait for the regional office in your area to transfer your appeal 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 provides you with the opportunity to provide fresh and relevant evidence for the VA. This could include medical evidence and non-medical evidence such as lay statements. An attorney is able to submit these statements on your behalf and can also obtain independent medical exams and a vocational expert opinion. If the BVA declines your supplemental claim you can submit an appeal to the Court of Appeals for Veterans Claims.