How to File a Veterans Disability Case

Many veterans suffer from medical issues when they enter the military, but they do not divulge them or treat them. They figure they will disappear or improve after a while.

As time passes, the problems become more severe. Now, they need help from the VA to get compensation. The VA doesn't believe the VA.

Getting Started

Many veterans wait for years before making claims. They may believe that they can manage the issue or think it will go away by itself without treatment. It is important to file a claim when the symptoms of disability become severe enough. Let the VA know that you intend to file your claim at an earlier date by submitting an intent to file. This will establish an earlier effective date, which will make it easier to get back money for the time you have already missed due to your disability.

It is important that you provide all the relevant documentation when you submit your initial claim. You should include all medical records from hospitals and clinics that pertain to the illnesses or injuries you intend to claim, as well as military documents.

The VA will examine your claim and request additional evidence from you and your healthcare providers. Once they have all the evidence they require, they will schedule an appointment for you to take a Compensation and Pension Exam (C&P) in order to determine your rating.

It is recommended to do this prior to your separation physical to ensure it is documented as a service-connected disability, even when the rating is only 0 percent. This will make it simpler to obtain an increase in rating later on if your condition worsens.

Documentation

It is essential to submit all the documentation required to your VA disability lawyer to ensure that you receive the benefits to which you are entitled. This can include service records, medical documentation and lay evidence like letters from family, friends members or colleagues who know how your disabilities affect you.

Your VSO can help you gather the required documentation. This may include medical records from the VA hospital or private physician's report as well as diagnostic tests and other evidence to prove that you suffer from a disabling condition that was caused by or worsened due to your service in the Armed Forces.

VA will then assess the evidence to determine your disability rating. This is done using the schedule that was created by Congress which specifies the types of disabilities that are eligible for compensation and at what percentage.

If VA determines that you qualify for disability benefits, they will inform you in writing of their decision. They'll also send all relevant documents to Social Security. If they determine that you don't have a qualifying impairment and the VSO returns the documents and you have the option to appeal the decision within a predetermined timeframe.

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

Meeting with VSO VSO

A VSO can assist with a range of programs, beyond disability compensation. They can help with vocational rehabilitation, employment, home loans and group life insurance. They can also help with medical benefits and burial benefits. They will go over all of your records from service, and medical records to find out which federal programs you're eligible for and then fill out the required paperwork for you 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 a Veteran or dependent with the claim of any federal benefit.

When the VA receives all of your evidence, they will go over the evidence, and then assign a rating of disability in accordance with the severity of your symptoms. Once you receive a decision by the federal VA, the VSO will discuss with you your ratings and any additional benefits from the state that you might be entitled to.

The VSO can also assist you to request an hearing with the VA to resolve a problem when you are not satisfied with a decision made by the federal VA. In the Appeals Modernization Act, there are three "lanes" available for an appeal which include a supplemental claim an upper-level review, or a Notice of Disagreement to the Board of Veterans Appeals. A VSO can assist you in deciding which appeal or review option is best for your particular situation.

Appeal

The VA appeals process is complicated and long. It could take up to a year or longer to receive a decision, depending on the AMA route you choose and if your case qualifies for priority processing. A veteran disability lawyer can assist you in determining the best way to proceed and can make an appeal on your behalf in the event of a need.

There are three avenues to appeal the denial of veterans' benefits, but each one takes a different amount of time. A lawyer can help you determine which is best for your situation and also explain the VA disability claims process so you are aware of what you can expect.

If you want to forgo the DRO review and go directly to the BVA, you must submit a 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 private hearing before the BVA but it isn't required.

A supplemental claim gives you the chance to submit new and relevant evidence for the VA. This includes medical proof, but also non-medical evidence like lay statements. An attorney can make these statements on behalf of you and also request independent medical examinations and a vocational expert opinion. If the BVA denies your supplemental claim you can submit an appeal to the Court of Appeals for calabasas veterans disability attorney Claims.