How to File a Veterans Disability Case

Many veterans who join the military with medical issues which they don't report or treat. They believe that the issue will be gone after a while or get better.

However, as time goes by, those problems become more severe. Now they require help from the VA to receive compensation. The VA isn't convinced by the VA.

Getting Started

Many dobbs ferry veterans disability law firm are waiting for years before making an claim. Many veterans wait for years before filing a disability claim. It is important to file a claim as soon as the symptoms of disability get severe enough. If you're planning to make a claim in the future and you are unsure of the procedure, let the VA know by filing an intent to file form. This will help you establish an earlier effective date and make it easier to get your back pay.

When you file the initial claim, it is important to provide all evidence relevant. This includes the medical clinics of civilians and hospital records related to the ailments or injuries you're planning to claim, as well as any military records related to your service.

The VA will examine your claim and request additional evidence from both you and your healthcare providers. Once they have all the evidence they require, they will schedule an appointment for you to take a Compensation and Pension Exam (C&P) to determine your eligibility.

This should be done in conjunction with the separation physical so that your disability is documented as service-connected, even if it's 0 percent. It will be easier to request an increase in rating if your condition worsens.

Documentation

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

Your VSO can help you gather the necessary documentation. This could include medical records from the VA Hospital, private physician's report and diagnostic tests, as well as other evidence to prove that you have a disabling illness and that your service in Armed Forces caused or worsened it.

VA will then evaluate the evidence to determine your disability rating. This is done with a schedule drafted by Congress which defines which disabilities are compensable and at what percentage.

If VA finds that you suffer from a qualifying disability, they will inform you of their decision in writing. They will then forward the appropriate documents to Social Security for processing. If they find that you don't have a qualifying disability and the VSO returns the form and you are able to appeal the decision within a certain time period.

A VA lawyer in Kalamazoo can help you gather the evidence required for your claim. Our maryland veterans disability law firm advocate can also obtain medical records and opinions from independent medical examiners as well as a statement from the VA treating doctor regarding your disability.

Meeting with VSO VSO

A VSO can help with a wide range of programs beyond disability compensation, such as vocational rehabilitation and employment such as home loans as well as group life insurance, medical benefits and military burial benefits and many more. They will look over all of your records from service, and medical information to find out which federal programs you are qualified for and will 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 Veterans, Servicemembers, and their families. They are authorized by law to represent a Veteran or their dependents or survivors who has a claim to any federal benefit.

After the VA has all of your evidence, they will evaluate it and determine a disability rating in accordance with the severity of your symptoms. A VSO will discuss your rating as well as any other state benefits for which you might be eligible, with you once you receive a decision from the federal VA.

The VSO can also help you request a hearing with the VA to resolve an issue in the event that you do not agree with a decision taken by the federal VA. Under the Appeals Modernization Act, there are three "lanes" available for an appeal which include a supplemental claim higher-level review or a notice of disagreement to the Board of Veterans Appeals. A VSO can help you decide the best appeal/review option for your situation.

Appeal

The VA appeals process can be complex and long. It could take a time of up to a year before you receive an answer, based on the AMA route you choose and if your case is eligible for priority processing. A veteran disability lawyer can assist you in determining the best way to proceed and may file a formal appeal on your behalf, if necessary.

There are three methods to appeal a veterans benefits denial However, each requires different amounts of time. A lawyer can assist you in deciding which one is right for your situation and explain the VA disability appeals procedure so that you know what you can expect.

If you wish to skip the DRO review and instead go directly to the BVA you must submit an appeal form 9 formal appeal and wait for the regional office in your area to transfer your case to the Board. The BVA will issue a Statement of Case (SOC). You can request an individual hearing before the BVA but it isn't mandatory.

A supplemental claim provides an opportunity to present fresh and relevant evidence to the VA. This includes medical proof, but also non-medical evidence such statements from lay people. A lawyer can submit these statements, and also obtain independent medical exams as well as a vocational expert's recommendation on your behalf. If the BVA refuses to accept your supplemental claim you can appeal to the Court of Appeals for Veterans Claims.