How to File a Veterans Disability Case

Many veterans who join the military suffering from medical conditions which they don't report or treat. They think that the problems will disappear after a period of time or improve.

But years pass and those 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 have to wait for years before making an claim. They may feel that they can manage the problem or that it will disappear by itself without treatment. Therefore, it is crucial to begin an application as soon as the symptoms of disability become severe enough. If you intend to pursue a claim in future and you are unsure of the procedure, inform the VA know by filing an intent to submit form. This will help establish a earlier effective date, which makes it easier to get back payment for time that you have already missed out on because of your disability.

When you file the initial claim, it is important to provide all evidence relevant. This includes any medical clinics in the civilian sector and hospital records that relate to the illness or injuries you plan to claim, as well as any military records pertaining to your service.

Once the VA has received your claim, they will review it and seek additional evidence from you and your health medical professionals. Once they have all the information they require, they'll set up an appointment to take a Compensation and Pension Exam (C&P) in order to determine your rating.

It is recommended to complete this in parallel with your separation physical, so that it is documented as a disability resulting from service, even when the rating is only 0%. This will make it much easier to request an increase in rating later on when your condition becomes worse.

Documentation

To receive the benefits you are entitled to, it is essential that you provide your VA disability lawyer with all of the relevant documents. This could include medical records, service records and lay evidence like letters from friends, family members or coworkers who know how your disabilities affect you.

Your VSO can assist you in gathering the required documentation. This can include medical records from the VA Hospital or a private doctor's report and diagnostic tests, as well as other evidence that shows that you suffer from a chronic illness and that your time 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 which defines the types of disabilities that are eligible for compensation and in what percentage.

If VA finds that you qualify for disability benefits, they will notify you in writing of their decision and forward all relevant documents to Social Security. If they decide that you don't have a qualifying disability and the VSO will return the documents to you and they will allow you to appeal the decision within a specified time.

A VA attorney in Kalamazoo will assist you with gathering the evidence needed for your claim. In addition, veterans disability lawsuit to medical documentation, our veterans advocate can obtain opinions from independent medical examiners as well as a letter from your VA treating doctor on the impact of your disabilities on your life.

Meeting with a VSO

A VSO can assist with a myriad of programs, which extend beyond disability compensation. They can help with vocational rehabilitation, employment, home loans and group life insurance. They also can assist with medical benefits as well as military burial benefits. They will examine your medical and service records to determine which federal programs are available to you and then fill in 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 authorized to represent any Veteran or a dependent who has the claim of any federal benefit.

When the VA has all the evidence, they will review it and assign a disability rating depending on the severity of your symptoms. A VSO will discuss your rating as well as any other state benefits, for which you might be eligible, with you when you receive an answer from the federal VA.

The VSO can also help you request an appeal to the VA to resolve an issue if you disagree with a decision taken by the federal VA. Under the Appeals Modernization Act, there are three "lanes" that can be used to appeal that includes a supplemental claim, a higher level review or veterans disability lawsuit a Notice of Disagreement to the Board of veterans disability lawsuit, click the next web page, Appeals. A VSO can assist you in deciding which appeal or review options are appropriate for your particular situation.

Appeal

The VA appeals procedure is complex and lengthy. It could take up to a year or more to receive an answer, based on the AMA route you choose and if your case qualifies for priority processing. A veteran disability lawyer can help you determine the best route to take and can also file an official appeal on behalf of you if required.

There are three methods to appeal a veterans benefits denial, but each takes different amounts of time. A lawyer can help you decide which one is appropriate for you. They can also explain the VA disability appeals process to help you know what to expect.

If you wish to skip the DRO review and go directly to the BVA you must submit 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 may request a personal hearing before the BVA however it is not required.

A supplemental claim provides an opportunity to present new and relevant evidence to the VA. This can include medical evidence as well as non-medical evidence like lay statements. An attorney can present these statements on your behalf and also request independent medical examinations and a vocational expert opinion. If the BVA refuses to accept your supplemental claim you may appeal to the Court of Appeals for Veterans Claims.