How to File a Veterans Disability Case

Many veterans who join the military with medical issues that they do not report or treat. They believe that they will disappear or improve after a time.

As time passes, the problems become more severe. Now they need help from the VA to receive compensation. The VA does not believe the VA.

Getting Started

Many veterans are waiting for years before filing a claim for disability. They may feel that they can deal with the issue or that it will go away on its own without treatment. It is essential to file a claim when the symptoms of disability become serious enough. Let the VA know if you intend to make a claim at a later date by submitting an intent to file. This will help you establish a more recent effective date and will make it easier to receive your back pay.

It is vital to include all relevant evidence when you submit your initial claim. You should include all medical records from clinics and hospitals pertaining to the illnesses or injuries you're planning to file a claim for, as well as military records.

Once the VA has received your claim, they will review it and collect additional evidence from you and your health healthcare providers. Once they have the data they require, they'll arrange for you to take an examination for compensation and pension (C&P) to help them decide your rating.

It is recommended to do this in parallel with your separation physical to ensure that it is documented as a service-connected disability, even in the event that the rating is 0 percent. It is easier to ask for an increase in rating should your condition worsens.

Documentation

To be able to claim the benefits you are entitled to, it is essential that you provide your VA disability lawyer with all relevant documentation. 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 assist you in gathering the necessary documentation. This could include medical records from the VA Hospital as well as a private physician's note as well as diagnostic tests and other evidence that shows that you have a disabling illness and that your time in the Armed Forces caused or worsened it.

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

If VA determines that you have a qualifying disability, they will notify you of their decision in writing and send the relevant documents to Social Security for processing. If they decide that you do not have a qualifying impairment, the VSO returns the document and you can appeal the decision within a specified period of time.

A VA attorney can help you find evidence to support your claim. In addition to medical documentation, our veterans disability lawyers advocate can obtain opinions from independent medical examiners, as well as a statement from your VA treating physician regarding 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, such as vocational rehabilitation and employment home loans, group life insurance medical benefits, military burial benefits, and many more. They will look over all of your documents from your military service, and medical records to figure out what federal programs you're eligible for and complete the necessary paperwork required to apply.

Many accredited representatives work for VA-accredited/federally chartered Veterans Disability Lawyer service organizations (VSOs), which are private non-profit groups that advocate on behalf of Veterans, Servicemembers, and their families. They are legally able to represent a Veteran or a dependent or survivor who has a claim to any federal benefit.

After the VA receives all the evidence, they will go over it, and then give you an assessment of disability in accordance with the severity of your symptoms. When you are given a determination by the federal VA, an VSO will be able to discuss with you your rating and any additional benefits from the state that you might be entitled to.

The VSO can assist you in requesting an interview with the VA in the event you disagree with a ruling of the federal VA. In the Appeals Modernization Act, there are three "lanes" available for an appeal: a supplemental claim, a higher level review or an appeal to the Board of Veterans Appeals. A VSO can help you decide which appeal/review options are best for your particular situation.

Appeals

The VA appeals process is complex and time-consuming. It could take a one year or more to get a decision, based on the AMA route you choose and whether your case qualifies for priority processing. A veteran disability lawyer can help you determine the best route to take and may file a formal appeal on your behalf when needed.

There are three different ways to appeal a denial of veterans benefits, but each takes different amount of time. A lawyer can help you decide which is best for your particular situation, and also explain the VA disability claims process so that you know what you can expect.

If you'd like to bypass the DRO review to submit your case directly 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 provides you with the chance to submit new and relevant evidence for the VA. This includes medical evidence but also non-medical evidence such statements from lay people. Lawyers can submit these statements, and also obtain independent medical exams as well an expert's opinion from a vocational specialist on your behalf. If the BVA denies your claim, you may appeal to the Court of Appeals for Veterans Claims.