How to File a Veterans Disability Case

Many veterans have medical problems when they enter the military, but they don't reveal them or treat them. They think they'll go away or get better after a time.

As the years go by the problems continue to get worse. Now, they need help from the VA to receive compensation. The problem is that the VA isn't going to believe them.

Getting Started

Many veterans wait for years before filing an claim. Many veterans wait years before filing a disability claim. It is important to file a claim when the symptoms of disability become serious enough. Let the VA be aware if you are planning to file your claim at a later date by submitting an intention to file. This will enable you to establish a more recent effective date and make it easier for you to get your back pay.

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

The VA will review your claim and collect additional evidence from you and your healthcare providers. Once they have the information they require, they will arrange for you to take an examination to determine your compensation and pension (C&P) to determine your rating.

This must be done in tandem with the separation physical to ensure that your disability is recognized as service-connected even if the disability is not a percent. This will make it easier to request an increased rating later should your condition get worse.

Documentation

It is important that you submit all the documentation required to your VA disability lawyer to ensure that you receive the benefits to which you are entitled. This could include medical documents, service records and letters from friends, relatives or coworkers who are aware of the impact of your disability on you.

Your VSO can help you gather the required documentation. This may include medical records from the VA hospital as well as private physician's reports diagnostic tests, and other evidence to show that you suffer from a debilitating condition that was caused or worsened due to your service in the Armed Forces.

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

If VA determines that you are eligible for disability benefits, they will notify you in writing of their decision and send all relevant documents to Social Security. If they decide that you do not have a qualifying disability, the VSO will return the documents to you and you can appeal this decision within a specified time.

A VA lawyer can assist you to collect evidence to support your claim. In addition to medical records our northvale rock falls veterans disability law firm Disability attorney (vimeo.com) advocate will seek opinions from independent medical examiners as well as a statement from your VA treating physician on the impact of your disability on your life.

Meeting with a VSO

A VSO can help with a range of programs that go beyond disability compensation, including vocational rehabilitation and employment loans for home, group life insurance, medical benefits as well as military burial benefits and more. They will look over all of your documents from your military service, and medical information to find out which federal programs you are eligible for and to fill out the required 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 to represent the interests of a Veteran or a dependent with claims for any federal benefit.

Once the VA has all your evidence, they'll review it and give you a disability score according to the severity of your symptoms. Once you receive a decision by the federal VA, an VSO will discuss with you your rating and any other state benefits you may be entitled to.

The VSO can assist you in requesting an appointment with the VA in the event that you are dissatisfied with a decision of the federal VA. The Appeals Modernization Act provides three "lanes" to appeal. They include a supplementary claim or a review at a higher level, or a notice of disagreement to the Board of crossett veterans disability lawsuit Appeals. A VSO will assist you in determining the best appeal or review option for your situation.

Appeal

The VA appeals process is complicated and time-consuming. It can take a year or more to receive an answer, based on the AMA route you choose and if your case qualifies for priority processing. A veteran disability lawyer can help you decide the best route to take and can file an appeal on your behalf if required.

There are three options to appeal the denial of veterans' benefits however each one requires a different amount of time. A lawyer can help you decide which one is appropriate for your situation and explain the VA disability appeals procedure so that you understand what to expect.

If you'd like to bypass the DRO review for you to directly submit your case to BVA, then you must submit Form 9 and wait for the regional office to forward the file 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 mandatory.

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