How to File a Veterans Disability Case

Many veterans go into military service with medical issues that they don't seek out or treat. They think that they'll be cured or disappear after a time.

But years pass and those problems become more severe. Now they need VA assistance to receive compensation. The VA does not believe the VA.

Getting Started

Many veterans wait for a long time before making claims. Many veterans wait for years before making a claim for disability. It is crucial to file a claim as soon as the symptoms of disability get severe enough. If you intend to pursue a claim in future you should inform the VA know by filing an intent to file form. This will allow for a later effective date, which makes it easier to get back your money for time you've missed due to your disability.

It is vital to include all relevant proof when you submit your initial claim. This includes the medical clinics of civilians and hospital records related to the illnesses or injuries you plan to file a claim for, as well as any military records that pertain to your service.

When the VA receives your claim they will review it and seek additional evidence from you and your health medical professionals. Once they have all the information they require, they will set up an appointment to take an examination called a Compensation and Pension (C&P) in order to determine your eligibility.

This should be done in parallel with the separation physical so that your disability is categorized as service-connected even if it's 0 percent. This will make it much simpler to obtain an increase in your rating in the event that your condition gets worse.

Documentation

It is important that you provide all the required documentation to your VA disability lawyer in order to receive the benefits to which you are entitled. This can include medical documents, service records and letters from relatives, friends or coworkers that know how your disability affects you.

Your VSO can assist you in obtaining the necessary documentation. This could include medical records from the VA hospital or private physician's report diagnostic tests, and other evidence to prove that you suffer from a debilitating condition and that it was caused or worsened through your service in the Armed Forces.

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

If VA finds that you have a qualifying disability, they will inform you of their decision in writing and send the appropriate documents to Social Security for processing. If they decide that you don't have a qualifying disability and the VSO will return the document to you and you can appeal this decision within a set time.

A VA lawyer can assist you to gather evidence for your claim. Our calexico veterans disability law firm advocate can also get medical documents and opinions from independent medical examiners as well as a letter from the VA treating physician regarding your disability.

Meeting with a VSO

A VSO can help with a variety of programs, ranging from disability compensation. They can help with vocational rehabilitation and employment, home loan and group life insurance. They can also help with medical benefits and military burial benefits. They will review all of your service records and medical information, to find out which federal programs you're eligible for and to complete the necessary paperwork required to apply.

Many accredited representatives work for VA-accredited/federally chartered circleville veterans disability attorney service organizations (VSOs), which are private non-profit groups that advocate on behalf of Veterans, Servicemembers, and their families. They are authorized to represent a Veteran or dependent with the claim of any federal benefit.

After the VA has all of your evidence, they will go through it and determine a disability rating based on the severity of your symptoms. A VSO can discuss your rating and other state benefits to which you could be eligible, after you have received an answer from the federal VA.

The VSO can help you request an hearing with the VA when you disagree with a decision by the federal VA. In the Appeals Modernization Act, there are three "lanes" that can be used to appeal such as a supplemental appeal, an upper-level review, or an appeal to the Board of Veterans Appeals. A VSO can help you decide which appeal or review option is best for your particular situation.

Appeal

The VA appeals process can be lengthy and complicated. It could take up to a year or longer to receive an answer, based on the AMA choice you make and if your case qualifies for priority processing. A veteran disability lawyer can assist you in determining the best course of action and file a formal appeal on your behalf if needed.

There are three ways to appeal the denial of benefits to veterans, but each one takes the time in a different way. A lawyer can help decide which option is the best for your case, and also explain the VA disability claims process so you are aware of what to expect.

If you want to forgo the DRO review and instead go directly to the BVA, you must submit a Form 9 formal appeal and wait for the regional office in your area to transfer your appeal to the Board. The BVA will then issue an Statement of Case (SOC). You can request a personal hearing before the BVA however it isn't required.

A supplemental claim provides an opportunity to present new and relevant evidence to the VA. This includes medical evidence, but also non-medical evidence such as declarations from laypeople. Lawyers can submit these statements and get independent medical examinations as well an expert's opinion from a vocational specialist on your behalf. If the BVA decides to deny your claim you can appeal to the Court of Appeals for palm desert veterans disability attorney Claims.