How to File a Veterans Disability Case

Many veterans suffer from medical issues when they enter the military, but they don't reveal them or treat them. They think they'll be cured or disappear after a time.

But as time passes, the problems become more severe. Now they need the VA's assistance to receive compensation. The problem is that the VA isn't going to believe them.

Getting Started

Many moorpark veterans disability law firm have to wait for years before filing a disability claim. They might believe they are able to manage the problem or that it will disappear on its own without treatment. It is important to file a claim when the symptoms of disability get severe enough. Let the VA know if you intend to file a claim on an earlier date by submitting an intent to file. This will establish an earlier effective date, making it easier to get back your money for time you've already missed out on because of your disability.

When you file your initial claim, it's important to include all relevant evidence. This includes the medical clinics of civilians and hospital records related to the illness or injuries you are planning to claim, as well any military documents related to your service.

The VA will review your claim and collect additional evidence from you and your healthcare providers. Once they have the data they require, they will schedule you for an exam for compensation and pension (C&P) to determine your eligibility.

This is best done in conjunction with the separation physical, so that your disability is recorded as service-connected even if the disability is not a percent. It will be much easier to ask for an increase in your rating if your condition becomes worse.

Documentation

In order to obtain the benefits you are entitled to, it is essential to give your VA disability lawyer with all of the relevant documentation. This could include your service records, medical documentation and lay evidence such as letters from relatives, friends members, or colleagues who understand the impact of your disabilities on you.

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

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

If VA determines that you are eligible for disability benefits, they will notify you in writing of their decision. They'll also send all relevant documents to Social Security. If they conclude that you don't have a qualifying disability, the VSO will return the documents to you and it is possible to appeal the decision within a specified time.

A VA attorney in Kalamazoo can assist you in gathering the evidence you need to support your claim. In addition to medical documentation our veterans advocate will get opinions from independent medical examiners, as well as a statement from your VA treating doctor regarding the impact of your disabilities on your life.

Meeting with VSO VSO

A VSO can help with a range of programs that go beyond disability compensation, including vocational rehabilitation and employment home loans, group life insurance medical benefits and military burial benefits and more. They will examine your medical records and service records to determine the federal programs available to you and then fill the necessary paperwork.

Many accredited representatives work for VA-accredited/federally chartered veterans service organizations (VSOs), which are private non-profit groups that advocate on behalf of sugarcreek veterans disability lawyer, Servicemembers, and their families. They are authorised by law to represent any Veteran or their dependents or survivors who has a claim to any federal benefit.

When the VA has all the evidence, they'll review it and assign a disability rating according to the severity of your symptoms. A VSO will discuss your rating and any additional state benefits, for which you might be eligible with you once you receive an answer from the federal VA.

The VSO can also help you request an appeal to the VA to resolve a problem in the event that you do not agree with a decision of the federal VA. The Appeals Modernization Act provides three "lanes" for appeals. These include a supplementary claim or a review at a higher level or a notification of disagreement to the Board of Veterans Appeals. A VSO can assist you in deciding the best appeal/review option for your particular situation.

Appeal

The VA appeals procedure is complicated and lengthy. It can take a year or more to receive a decision, based on the AMA route you choose and if your case qualifies for priority processing. A veteran disability attorney can help you decide the best path to take and can file an appeal on your behalf if required.

There are three ways to appeal the denial of benefits to veterans however each one requires a different amount of time. A lawyer can assist you in deciding which is best for your case, and also explain the VA disability claims process so you are aware of what to expect.

If you want to skip the DRO review to go directly to BVA the BVA, then complete 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 required.

A supplemental claim provides you with the chance to present new and relevant evidence for the VA. This includes medical proof, but also non-medical evidence such as declarations from laypeople. An attorney can present these statements on your behalf and also request independent medical examinations and a vocational expert opinion. If the BVA rejects your supplemental claim you may appeal to the Court of Appeals for Veterans Claims.