How to File a Veterans Disability Case

Many veterans experience medical issues as they join the military, but don't divulge them or treat them. They think that the problems will disappear over time or improve.

As time passes and the conditions get worse. Now, they need help from the VA to receive compensation. The problem is that the VA won't believe them.

Getting Started

Many veterans wait for a long time before filing claims. Many veterans are waiting for years before making a claim for disability. Therefore, it is important to start an application as soon as the symptoms of disability become severe enough. Let the VA be aware if you are planning to file a claim at later time by submitting an intent to file. This will enable you to determine an earlier effective date and make it easier to claim your back pay.

It is important that you include all relevant evidence when you file your initial claim. This includes civilian medical clinic and hospital records regarding the ailments or injuries you intend to claim as well as any military records pertaining to your service.

When the VA accepts your claim they will review it and collect additional evidence from you and your health care providers. Once they have the information they require, they'll schedule you for an exam for compensation and pension (C&P) to determine your rating.

It is recommended to do this in parallel with your separation physical so that it is recorded as a service-connected disability even if the rating is 0%. It will be easier to request an increase in rating should your condition worsens.

Documentation

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

Your VSO can assist you in obtaining the required documentation. This could include medical records from the VA Hospital as well as a private physician's note as well as diagnostic tests and other evidence that proves that you suffer from a chronic illness and that your service in 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 an approved schedule by Congress that defines the disabilities that are eligible for compensation and in what percentage.

If VA determines that you have a qualifying disability, they will notify you of their decision in writing and then send the appropriate documents to Social Security for processing. If they determine that you don't have a qualifying disability then the VSO will return the documents to you and the decision is yours to appeal within a specific time.

A VA attorney in Kalamazoo can assist you in gathering the evidence needed for your claim. Our veterans disability lawsuits advocate can get medical documents and opinions from independent medical examiners as well as a statement from the VA treating doctor regarding your condition.

Meeting with VSO VSO

A VSO can assist with a range of programs that go beyond disability compensation, such as vocational rehabilitation and employment loans for home and group life insurance, medical benefits including military burial benefits and many more. They will look over all of your service records and medical information to find out which federal programs you're qualified for and will complete the required paperwork 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 disability attorneys (this content), Servicemembers, and their families. They are authorized to represent the interests of a Veteran or a dependent who has the claim of any federal benefit.

When the VA has received all of your evidence, they'll review it, and assign the rating of disability according to the severity of your symptoms. A VSO can discuss your rating, and additional state benefits for Veterans Disability Attorneys which may be eligible, after you have received an answer from the federal VA.

The VSO can also help you request an appeal to the VA to resolve a problem if you disagree with a decision of the federal VA. The Appeals Modernization Act provides three "lanes" for an appeal. These include a supplementary claim, or a more thorough review, or a notice of disagreement to the Board of veterans disability lawyer Appeals. A VSO can assist you in determining which appeal/review option is best for your situation.

Appeals

The VA appeals process can be lengthy and complicated. It could take a full time of up to a year before you receive the outcome, depending on the AMA option you select and if your case qualifies for priority processing. An experienced disability attorney can assist you in determining the best path to take and may make an appeal on your behalf if necessary.

There are three different ways to appeal a denial of veterans benefits however each one takes different amounts of time. A lawyer can help you decide which one is the most appropriate for your situation and explain the VA disability claims process so you know what you can expect.

If you prefer to bypass the DRO review and instead go directly to the BVA You must submit a Form 9 formal appeal and wait for your regional office to transfer your appeal to the Board. The BVA will issue a Statement of Case (SOC). You may request a personal hearing before the BVA, but it isn't required.

A supplemental claim gives you the opportunity to provide fresh and relevant evidence for the VA. This can include medical evidence however, it can also include non-medical proof like lay statements. A lawyer can make these statements and get independent medical tests as well as a vocational expert's recommendation on your behalf. If the BVA denies your supplemental claim You can file an appeal to the Court of Appeals for Veterans Claims.