How to File a Veterans Disability Case

Many veterans experience medical issues when they join the military, but they do not reveal them or treat them. They believe that the issues will disappear after a time or improve.

However, as time goes by, those problems get worse. Now they need the VA's assistance to receive compensation. The VA does not believe the VA.

Getting Started

Many veterans wait for years before filing a disability claim. Many veterans wait for years before making a claim for disability. It is essential to file a claim when the symptoms of disability become serious enough. If you intend to pursue a claim in future and you are unsure of the procedure, inform the VA know by filing an intent to file form. This will allow you to determine an earlier effective date and will make it easier to receive your back pay.

It is essential to include all relevant proof when you submit your initial claim. You must include all medical records from civilian clinics and hospitals pertaining to the ailments or injuries you are planning to claim as well as military records.

Once the VA receives your claim, they will examine it and gather additional evidence from you and your health care providers. Once they have all the evidence they require, they will arrange an appointment for you to take an exam for Compensation and Pension (C&P) in order 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 is 0 percent. It will be easier to ask for an increase in rating in the event that your condition worsens.

Documentation

It is important that you provide all the necessary documentation to your VA disability lawyer in order to receive the benefits to which you are entitled. This may include service records, medical documentation and other evidence of a lay nature, such as letters from family, friends members, or coworkers who understand the impact of your disabilities on you.

Your VSO can assist you in gathering the necessary documentation. This may include medical records from the VA hospital as well as private physician's reports or diagnostic tests as well as other evidence to show that you have a chronic condition and that it was caused by or made worse by your time in the Armed Forces.

VA will then assess the evidence to determine your disability rating. This is done using a schedule designed by Congress that determines the disabilities that are eligible for compensation and in 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 find that you do not have a qualifying disability, the VSO will return the documents to you and the decision is yours to appeal within a certain time period.

A VA attorney can help you find evidence to support your claim. In addition to medical documentation our veterans advocate can get opinions from independent medical examiners and an opinion from your VA treating physician on the impact of your disability on your life.

Meeting with a VSO

A VSO can help with a wide range of programs, beyond disability compensation. They offer vocational rehabilitation, employment, home loans and group life insurance. They can also help with medical benefits and military burial benefits. They will review your medical records and service records to determine the federal programs available to you. They will also fill with the required forms.

Many accredited representatives work for VA-accredited/federally chartered veterans disability lawsuit 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 any Veteran or a dependent or survivor who has a claim to any federal benefit.

Once the VA receives all of your evidence, they will examine the evidence, and then assign an assessment of disability depending on the severity of your symptoms. If you are granted a decision by the federal VA, the VSO will discuss with you your rating and any additional state benefits you might be entitled to.

The VSO can help you request an interview with the VA in the event that you are dissatisfied with a decision made by the federal VA. Under the Appeals Modernization Act, there are three "lanes" available for an appeal such as a supplemental appeal, an additional level review or an appeal 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 process is complex and long. It can take a year or longer to receive the outcome, depending on the AMA lane you choose and whether your case is eligible for priority processing. A veteran disability lawyer can help you decide the best route to take and make an appeal on your behalf in the event of a need.

There are three options to appeal the denial of veterans' benefits however each one requires the time in a different way. A lawyer can help you decide which option is the best for your case, and explain the VA disability claims process so you are aware of what to 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 of your region to transfer your case to the Board. The BVA will issue a Statement of Case (SOC). You can request a personal hearing before the BVA, but it is not required.

A supplemental claim provides you with the opportunity to provide new and relevant evidence for the VA. This includes medical evidence, but also non-medical evidence like statements from lay people. Lawyers can present these statements and get independent medical examinations aswell as a vocational expert's recommendation on your behalf. If the BVA rejects your supplemental claim you can appeal to the Court of Appeals for veterans disability lawyers Claims.