How to File a Veterans Disability Case

Many veterans disability lawsuit go into military service suffering from medical conditions that they don't report or treat. They think that they'll disappear or improve after a time.

As time passes, the problems become more severe. They now require the VA's assistance to receive compensation. The problem is that the VA will not believe them.

Getting Started

Many veterans disability law firm are waiting for years before filing a disability claim. They might think that they can deal with the issue or think it will disappear by itself, without treatment. It is important to file a claim when the symptoms of disability are severe enough. Let the VA know if you intend to file a claim at later dates by submitting an intent to file. This will allow for a later effective date, which makes it easier to claim back pay for the time you've lost due to your disability.

When you file your initial claim, Veterans Disability you need to include all relevant evidence. This includes medical clinics for civilians and hospital records pertaining to the ailments or injuries you're planning to claim as well as any military records that pertain to your service.

The VA will review your claim and collect additional evidence from you and your healthcare providers. Once they have all of the information they require, they will set up an appointment to take an exam for Compensation and Pension (C&P) to determine your rating.

This is best done in conjunction with the separation physical to ensure that your disability is documented as service-connected, even if it's 0%. It will be much easier to ask for an increase in rating should your condition gets worse.

Documentation

To receive the benefits you are entitled to, it's essential that you give your VA disability lawyer with all of the relevant documentation. This can include medical records, service records and letters from family members, friends or coworkers who know how your disability affects you.

Your VSO can assist you in gathering the necessary documentation. This can include medical records from the VA Hospital, private physician's report or diagnostic tests, and other evidence that shows that you have a debilitating illness and that your service in the Armed Forces caused or worsened it.

The next step is for VA to examine the evidence and determine your disability rating. This is done using a schedule created by Congress that defines which disabilities are compensable and at what percentage.

If VA finds that you qualify for disability benefits, they will inform you in writing of their decision and send all relevant documents to Social Security. If they find that you do not have a qualifying impairment and the VSO returns the document and you can appeal the decision within a specified period of time.

A VA attorney can help you gather evidence for your claim. Our veterans advocate can collect medical documentation and opinions from independent medical examiners as well as a statement from the VA treating doctor regarding your disability.

Meeting with a VSO

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

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 legally able to represent a Veteran or their dependents or survivors who has a claim to any federal benefit.

Once the VA receives all your evidence they will review it, and assign a rating of disability according to the severity of your symptoms. Once you receive a decision by the federal VA, you will be contacted by a VSO can discuss your ratings with you and any additional state benefits you may be entitled to.

The VSO can assist you in requesting an appointment with the VA when you disagree with a ruling of the federal VA. The Appeals Modernization Act provides three "lanes" for appeals. They include a supplementary claim or a review at a higher level, or a notice of disagreement to the Board of Veterans Appeals. A VSO can help you decide which appeal/review option is best for your situation.

Appeal

The VA appeals process can be complicated and long. It can take a time of up to a year before you receive an answer, based on the AMA route you choose and if your case qualifies for priority processing. An experienced disability attorney can help you decide the best route to take and can file an appeal on your behalf if required.

There are three options to appeal a denial of benefits to veterans Each one requires different amounts of time. A lawyer can help you decide which one is appropriate for you and will explain the VA disability appeals procedure so that you are aware of what to expect.

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

A supplemental claim gives you the opportunity to provide new and relevant evidence for the VA. This includes medical evidence but also non-medical evidence like statements made by laypeople. An attorney can submit these statements on behalf of you and also obtain independent medical exams and a vocational expert's opinion. If the BVA refuses to accept your supplemental claim you can appeal to the Court of Appeals for Veterans Claims.