How to File a Veterans Disability Case

Many veterans join military service with medical problems that they don't report or treat. They think they'll be cured or disappear after a while.

However, as time goes by, those problems get worse. Now, they require the VA's assistance to receive compensation. The VA doesn't believe the VA.

Getting Started

Many veterans have to wait for years before filing a claim for disability. They might think that they can deal with the issue or that it will disappear on its own without treatment. For this reason, it is essential to initiate an application as soon as the symptoms of disability get serious enough. Let the VA know if you intend to file a claim at an earlier date by submitting an intent to file. This will allow you to determine an effective date that is more recent and will make it easier for you to receive your back pay.

It is essential to include all relevant evidence when you file your initial claim. This includes medical clinics for civilians and hospital records related to the injuries or illnesses you're planning to file a claim for, as well as any military documents related to your service.

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

It is best to do this in parallel with your separation physical to ensure it is documented as a service-connected disability even in the event that the rating is 0 percent. It is much easier to request an increase in your rating if your condition becomes worse.

Documentation

To be able to claim the benefits you are entitled to, it is essential to give your VA disability lawyer with all of the relevant documents. This could include medical records, service records and lay evidence like letters from family members, friends members or colleagues who know the impact of your disabilities on you.

Your VSO can assist you in obtaining the required documentation. This could include medical records from the VA hospital, private physician's reports, diagnostic tests and other evidence to prove that you suffer from a chronic condition and that it was caused or made worse due to your service in the Armed Forces.

VA will then evaluate the evidence to determine your disability rating. This is done by using an approved schedule by Congress that defines which disabilities are eligible to be compensated and at what percentage.

If VA determines that you are suffering from a qualifying disability, they will notify you of this decision in writing, and then send the relevant documents to Social Security for processing. If they find that you don't have a qualifying disability, the VSO will return the documents to you and it is possible to appeal the decision within a specified time.

A VA lawyer can assist you to collect evidence to support your claim. In addition to medical documentation, our veterans advocate can seek opinions from independent medical examiners, as well as a letter from your VA treating physician on the impact of your disability on your life.

Meeting with a VSO

A VSO can help with a range of programs, ranging from disability compensation. They offer vocational rehabilitation, employment, home loans and group life insurance. They can also help with medical benefits and military burial benefits. They will go over all of your service records, and medical records to figure out the federal programs you're eligible for and to complete 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 green bay veterans disability lawsuit, Servicemembers, and their families. They are authorized to represent the interests of a Veteran or a dependent with a claim of any federal benefit.

Once the VA has all of your evidence, they will review it and determine a disability classification based on the severity of your symptoms. After you have been given a decision by the federal VA, a VSO can discuss with you the ratings and any other state benefits you may be entitled to.

The VSO can also help you request an hearing with the VA to resolve an issue in the event that you do not agree with a decision of the federal VA. In the Appeals Modernization Act, there are three "lanes" available for an appeal such as a supplemental appeal, a higher level review or a notice of disagreement to the Board of Veterans Appeals. A VSO can help you decide which appeal or review option is best for veterans disability your situation.

Appeal

The VA appeals process can be complex and time-consuming. Depending on the AMA route is chosen and whether or not your case qualifies to be treated with priority, it can take a long time to receive the final decision. A veteran disability lawyer can help you determine the best path to follow and file a formal appeal on your behalf if needed.

There are three options for appealing the denial of veterans' benefits, but each one takes an varying amount of time. A lawyer can help you decide which is best for your situation and also explain the VA disability claims process to help you understand what to expect.

If you'd like to skip the DRO review to directly go 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 a personal hearing before the BVA however, it is not required.

A supplemental claim gives you the chance 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 Veterans Disability obtain independent medical exams as well an opinion of a vocational expert on your behalf. If the BVA decides to deny your claim you may appeal to the Court of Appeals for Veterans Claims.