How to File a Veterans Disability Case

Many veterans disability lawyer (go directly to Monroyhives) enter military service with medical issues that they do not report or treat. They figure they will go away or get better after a while.

As time passes as time passes, the issues continue to worsen. Now, they need help from the VA to get compensation. The problem is that the VA isn't going to believe them.

Getting Started

Many veterans disability law firm wait for years before filing claims. They may believe they are able to manage the issue or that it will disappear by itself if they don't seek treatment. It is crucial to file a claim as soon as the symptoms of disability get severe enough. Let the VA know that you intend to make a claim at later time by submitting an intention to file. This will set a more effective date, making it easier to receive your money for time you've lost due to your disability.

It is essential to include all relevant proof when you submit your initial claim. It is essential to include all medical records from civilian clinics and hospitals pertaining to the illnesses or injuries you're planning to file a claim for, and military documents.

Once the VA receives your claim they will review it and gather additional evidence from you and your health healthcare providers. Once they have all the information they require, they will arrange an appointment for you to take an examination called a Compensation and Pension (C&P) in order to determine your rating.

This should be done in conjunction with the separation physical, to ensure that your condition is recorded as service-connected even if it is 0 percent. This will make it much easier to apply for an increase in your rating in the event that your condition gets worse.

Documentation

It is essential to provide all the necessary documentation to your VA disability lawyer to be able to claim the benefits to which you are entitled. This could include your medical records, service records and other evidence of a lay nature, such as letters from family, friends members, or coworkers who understand how your disabilities affect you.

Your VSO can help you gather the required documentation. This may include medical records from the VA hospital and private physician's records or diagnostic tests as well as other evidence to prove that you suffer from a debilitating 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 accomplished using the schedule created by Congress that defines which disabilities can be compensated and at what percentage.

If VA finds that you have a qualifying disability, they will inform you of the decision in writing and send the appropriate documents to Social Security for processing. If they conclude that you do not have a qualifying disability then the VSO will return the form to you. the decision is yours to appeal within a specified time.

A VA attorney can help you find evidence to support your claim. Our veterans disability law firms advocate can also obtain medical documentation and opinions from independent medical examiners as well as a letter from the VA treating doctor regarding your disability.

Meeting with VSO VSO

A VSO can help with a variety of programs, which extend beyond disability compensation. They can help with vocational rehabilitation as well as employment, home loans and group life insurance. They also can assist with medical benefits as well as military burial benefits. They will go over all of your service records, and medical information, to find out the federal programs you're eligible for and to complete the necessary paperwork required 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 to represent the interests of a Veteran or dependent who is the claim of any federal benefit.

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

The VSO can assist you in requesting an hearing with the VA when you disagree with a decision made by the federal VA. In the Appeals Modernization Act, there are three "lanes" available for an appeal that includes a supplemental claim, a higher level review or an appeal to the Board of Veterans Appeals. A VSO can assist you in deciding which appeal or review option is best for your situation.

Appeal

The VA appeals process can be lengthy and complicated. It could take a full year or longer to receive a decision, based on the AMA choice you make and if your case qualifies for priority processing. An experienced disability attorney can help you decide the best way to proceed and can make an appeal on your behalf if necessary.

There are three options for appealing the denial of veterans' benefits, but each one takes the time in a different way. A lawyer can help you decide which option is best for you. They can also explain the VA disability appeals procedure so that you understand what to expect.

If you'd like to skip the DRO review to go directly to BVA then you must 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 can request an individual hearing before the BVA but it isn't mandatory.

A supplemental claim is an opportunity to present new and relevant evidence to the VA. This could include medical evidence and non-medical evidence such as lay assertions. A lawyer can submit these statements and get independent medical tests as well as a vocational expert's recommendation on your behalf. If the BVA declines your supplemental claim you can submit an appeal to the Court of Appeals for Veterans Claims.