How to File a Veterans Disability Case

Many veterans have medical problems when they enter the military, but don't disclose them or treat them. They think they'll disappear or improve after a time.

As the years go by, these problems continue to get worse. Now they require help from the VA to receive compensation. The problem is that the VA won't accept their claims.

Getting Started

Many veterans disability law firm wait for years before filing a claim. Many veterans disability lawyer wait years before making a claim for disability. It is essential 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 intent to file. This will set a more effective date, which makes it easier to claim back your money for time you've already been denied due to your disability.

When you file your initial claim, it is important to include all relevant evidence. It is essential to include all medical records from civilian hospitals and clinics related to the injuries or illnesses you are planning to claim and military records.

When the VA has received your claim, they will review it and collect additional evidence from you and your health care 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.

This should be done in parallel with the separation physical, to ensure that your condition is recognized as service-connected even if the disability is not a percent. It is much easier to request an increase in rating should your condition worsens.

Documentation

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

Your VSO can assist you in gathering the necessary documentation. This may include medical records from the VA hospital as well as private physician's reports diagnostic tests, and other evidence to show that you have a chronic condition and that it was caused by or worsened by your service in the Armed Forces.

VA will then assess the evidence to determine your disability rating. This is done with a schedule created by Congress that defines the types of disabilities that are eligible for compensation and in what percentage.

If VA decides that you are eligible for disability benefits, they will inform you in writing of their decision and forward all the relevant documents to Social Security. If they find that you don't have a qualifying impairment then the VSO returns the documents and you have the option to appeal the decision within a specific timeframe.

A VA lawyer in Kalamazoo can help you gather the evidence required for your claim. In addition, Richmond Veterans Disability Attorney to medical documentation, our veterans advocate can get opinions from independent medical examiners, as well as an opinion from your VA treating doctor on the impact of your disabilities on your life.

Meeting with a VSO

A VSO can help with a myriad of programs beyond disability compensation, including vocational rehabilitation and employment home loans, group life insurance medical benefits and military burial benefits and many more. They will look over your medical records and service records to determine which federal programs are available to you and then fill the necessary 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 authorized to represent a Veteran or a dependent who has claims for any federal benefit.

After the VA has all your evidence, they will evaluate it and give you a disability score in accordance with the severity of your symptoms. If you are granted a decision by the federal VA, an VSO will be able to discuss with you your ratings and any additional state benefits you might be entitled to.

The VSO can help you request an hearing with the VA in the event you disagree with a decision made by the federal VA. The Appeals Modernization Act provides three "lanes" for appeals. They are a supplementary claim or a higher-level review or a notice of disagreement to the Board of Veterans Appeals. A VSO can assist you in deciding the best appeal/review option for your situation.

Appeals

The VA appeals process is lengthy and complicated. It could take up to a one year or more to get the outcome, depending on the AMA route you choose and if your case is eligible for priority processing. A veteran disability lawyer can assist you in determining the best course of action and may make an appeal on your behalf if required.

There are three avenues to appeal the denial of veterans' benefits, but each one takes an varying amount of time. A lawyer can assist you in deciding which option is best for you. They can also explain the VA disability appeals process so that you know what to expect.

If you want to forgo the DRO review and go directly to the BVA you must file an appeal form 9 formal appeal and wait for your regional office to transfer your appeal to the Board. The BVA will then issue an Statement of Case (SOC). You may request a personal hearing before the BVA but it is not required.

A supplemental claim gives you the opportunity to provide fresh and relevant evidence to the VA. This could include medical evidence, but also non-medical proof such as lay assertions. An attorney can submit these statements on behalf of you and also get independent medical examinations and a vocational expert's opinion. If the BVA denies your claim, you may appeal to the Court of Appeals for richmond Veterans disability Attorney Claims.