How to File a Veterans Disability Case

Many veterans have medical problems as they join the military, but they don't divulge them or treat them. They think they'll disappear or improve after a while.

But years pass and those problems get worse. Now they need help from the VA to receive compensation. The VA does not believe the VA.

Getting Started

Many veterans wait for years before filing claims. They might believe that they are able to handle the issue or think it will disappear by itself, without treatment. It is essential to file a claim when the symptoms of disability become serious enough. Let the VA know that you intend to make a claim at an earlier date by submitting an intention to file. This will enable you to determine an effective date that is more recent and will make it easier to get your back pay.

When you file your initial claim, it's important to include all relevant evidence. It is essential to include all medical records from civilian hospitals and clinics that pertain to the illnesses or injuries you plan to claim and military documents.

Once the VA has received your claim, they will review it and seek additional evidence from you and your health medical professionals. Once they have the information they need, they will schedule you for a compensation and pension exam (C&P) to determine your eligibility.

It is recommended to do this prior to your separation physical to ensure it is recognized as a service-connected disability, even when the rating is only 0%. It is easier to ask for an increase in your rating if your condition gets worse.

Documentation

In order to obtain the benefits you are entitled to, it is vital to give your VA disability lawyer with all relevant documents. This can include medical documents, service records as well as letters from family members, friends or coworkers who know how your disability affects you.

Your VSO can help you gather the required documentation. This could include medical records from the VA Hospital or a private doctor's report or diagnostic tests, and other evidence that proves that you suffer from a chronic illness and that your service in Armed Forces caused or worsened it.

The next step is for VA to assess the evidence and determine your disability rating. This is done with an established schedule by Congress which specifies the types of disabilities that are eligible for compensation and in what percentage.

If VA determines that you have a qualifying disability, they will inform you of this decision in writing, and then send the relevant documents to Social Security for processing. If they determine that you don't have a qualifying disability and the VSO will return the documents to you and you can appeal this decision within a specified time.

A VA lawyer in Kalamazoo will assist you with gathering the evidence needed to support your claim. Our cottonwood heights veterans disability lawyer advocate can get medical documents and opinions from independent medical examiners, as well as a letter from the VA treating doctor regarding your disability.

Meeting with a VSO

A VSO can assist with a myriad of programs that go beyond disability compensation. These include vocational rehabilitation employment, home loans, and group life insurance. They can also assist with medical benefits and military burial benefits. They will review all of your documents from your military service, and medical information to find out what federal programs you're qualified for and will 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 by law to represent an Veteran or a dependent or survivor with a claim for any federal benefit.

Once the VA has all the evidence, they will evaluate it and assign a disability rating depending on the severity of your symptoms. A VSO will discuss your rating and any additional state benefits to which you could be eligible, with you when you receive a decision from the federal VA.

The VSO can assist you in requesting an appeal to the VA if you disagreed with a decision made by the federal VA. Under the Appeals Modernization Act, there are three "lanes" that can be used to appeal that includes a supplemental claim, higher-level review or a Notice of Disagreement to the Board of Veterans Appeals. A VSO can assist you in determining which appeal/review option is best for your particular situation.

Appeals

The VA appeals process can be complicated and lengthy. It could take up to a year or more to receive a decision, depending on the AMA lane you choose and if your case is eligible for priority processing. A veteran disability lawyer can help you determine the best path to follow and may file a formal appeal on your behalf if necessary.

There are three options to appeal a denial of veterans benefits however each one takes different amounts of time. A lawyer can help you determine which option is best for you. They can also explain the VA disability appeals procedure so that you know what to expect.

If you decide to forgo 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 file to the Board. The BVA will issue a Statement of Case (SOC). You may request a personal hearing before the BVA however it's not required.

A supplemental claim provides you with the chance to present new and relevant evidence for the VA. This includes medical evidence but also non-medical evidence like declarations from laypeople. A lawyer can submit these statements and get independent medical tests as well an expert's opinion from a vocational specialist on your behalf. If the BVA declines your supplemental claim you can submit an appeal to the Court of Appeals for Veterans Claims.