How to File a Veterans Disability Case

Many york veterans disability law firm join military service suffering from medical conditions that they don't seek out or treat. They believe that they will be cured or disappear after a while.

But as time passes, the problems get worse. Now they need the VA's assistance to obtain compensation. The problem is that the VA will not believe them.

Getting Started

Many veterans wait years before submitting a disability claim. Many veterans wait years before making a claim for disability. Therefore, it is essential to initiate an application as soon as the symptoms of disability become serious enough. If you plan to file a claim in the future, inform the VA know by filing an intent to submit form. This will set a more effective date, making it easier to get back money for the time you've been denied due to your disability.

It is vital to provide all the relevant documentation when you file your initial claim. Include all medical records from clinics and hospitals pertaining to the ailments or injuries you're planning to file a claim for, and military records.

The VA will examine your claim and obtain additional evidence from both you and your healthcare providers. Once they have all of 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 rating.

It is best to do this prior to your separation physical to ensure that it is recognized as a disability that is service-connected, even when the rating is only 0 percent. This will make it much easier to request an increased rating later if your condition worsens.

Documentation

To receive the benefits you are entitled to, it is crucial to provide your VA disability lawyer with all the relevant documentation. This can include medical records, service records and letters from relatives, friends or coworkers who know the impact of your disability on you.

Your VSO can assist you in obtaining the necessary documentation. This could include medical records from the VA Hospital or a private doctor's report as well as diagnostic tests and other evidence to prove that you suffer from a chronic illness and that your time in the Armed Forces caused or worsened it.

VA will then review the evidence to determine your disability rating. This is done using a schedule designed by Congress that designates the disabilities that are eligible for compensation and at what percentage.

If VA finds that you qualify for disability benefits, they will inform you in writing of their decision. They'll also send all the necessary documents to Social Security. If they determine that you do not have a qualifying disability and the VSO will return the document to you and the decision is yours to appeal within a certain time period.

A VA lawyer in Kalamazoo can help you gather the evidence you need to support your claim. Our veterans advocate can get medical documents and opinions from independent medical examiners and a written statement from the VA treating physician about your disability.

Meeting with VSO VSO

A VSO can help with a myriad of programs, ranging from disability compensation. These include vocational rehabilitation, employment, home loans and group life insurance. They can also assist with medical benefits and burial benefits. They will go through your medical and service records to determine the federal programs available to you and then fill with the required forms.

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 the interests of a Veteran, dependent or survivor who has a claim to any federal benefit.

When the VA has all your evidence, they'll review it and give you a disability score based on the severity of your symptoms. A VSO can discuss your ratings and any additional state benefits to which you may be eligible, with you after you have received an answer from the federal VA.

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

Appeals

The VA appeals process is complicated and long. It could take up to a year or more to receive a decision, depending on the AMA choice you make and if your case qualifies for priority processing. A veteran disability lawyer can help you determine the best route to take and file a formal appeal on your behalf, if required.

There are three avenues to appeal the denial of benefits to veterans Each one of them requires the time in a different way. A lawyer can help you determine which option is best for your situation and explain the VA disability appeals process so that you understand what to expect.

If you prefer to bypass the DRO review and go directly to the BVA you must file a Form 9 formal appeal and wait for the regional office of your region to transfer your appeal to the Board. The BVA will then issue an Statement of Case (SOC). You can request an individual hearing before the BVA but it isn't mandatory.

A supplemental claim gives you the opportunity to provide new and relevant evidence to the VA. This includes medical proof, but also non-medical evidence such lay statements. A lawyer can submit these statements and request independent medical examinations aswell as a vocational expert's recommendation on your behalf. If the BVA rejects your supplemental claim you may file an appeal to the Court of Appeals for Veterans Claims.