How to File a Veterans Disability Case

Many veterans disability attorney experience medical issues when they join the military, but don't declare them or address them. They figure they will go away or get better after a while.

But as time passes, the problems get worse. They now require assistance from the VA to receive compensation. The VA doesn't believe the VA.

Getting Started

Many veterans have to wait for years before making claims. Many veterans are waiting for years before making a claim for disability. It is crucial to file a claim as soon as the symptoms of disability become severe enough. If you intend to file a claim in the future, let the VA be aware by submitting an intent to file form. This will allow for a later effective date, making it easier to recover money for the time you've missed due to your disability.

When you file the initial claim, it is important to include all relevant evidence. This includes the medical clinics of civilians and hospital records related to the illness or injuries you intend to claim as well as any military records pertaining to your service.

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

It is best to do this in parallel with your separation physical so that it is documented as a disability resulting from service, even when the rating is zero percent. It is much easier to ask for an increase in your rating if your condition gets worse.

Documentation

It is crucial to provide all the required 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 other evidence of a lay nature, such as letters from relatives, friends members or colleagues who know the impact of your disabilities on you.

Your VSO can help you gather 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 prove that you suffer from a disabling condition and that it was caused by or made worse by your time in the Armed Forces.

The next step is for VA to assess the evidence and determine your disability rating. This is done using a schedule created by Congress that outlines the types of disabilities that are eligible for compensation and in 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 conclude that you don't have a qualifying disability and the VSO will return the form to you. they will allow you to appeal the decision within a specified time.

A VA lawyer in Kalamazoo can assist you in obtaining the evidence needed for your claim. Our veterans advocate can also collect medical documentation and opinions from independent medical examiners, as well as a letter from the VA treating physician about your condition.

Meeting with a VSO

A VSO can assist with a variety of programs beyond disability compensation, such as vocational rehabilitation and employment, home loans and group life insurance, medical benefits and military burial benefits and more. They will look over all of your service records and medical information, to find out the federal programs you're eligible for and complete the required paperwork for you to apply.

Many accredited representatives work for VA-accredited/federally chartered veterans service organizations (VSOs), veterans disability which are private non-profit groups that advocate on behalf of Veterans, Servicemembers, and their families. They are authorized to represent the interests of a Veteran or a dependent with an application for any federal benefit.

After the VA has all the evidence, they will review it and determine a disability classification in accordance with the severity of your symptoms. After you have been given a decision by the federal VA, you will be contacted by a VSO will be able to discuss with you your ratings and any additional benefits from the state that you might be entitled to.

The VSO can also assist you to request a hearing with the VA to resolve a problem when you are not satisfied with a decision taken by the federal VA. In the Appeals Modernization Act, there are three "lanes" that can be used to appeal which include a supplemental claim an upper-level review, or a Notice of Disagreement with the Board of Veterans Appeals. A VSO will assist you in determining which appeal/review option is best for your particular situation.

Appeals

The VA appeals procedure is complex and long. Depending on which AMA option is selected and if your case is eligible to be treated with priority or not, it could take an extended time to receive an answer. A veteran disability lawyer can assist you in determining the best route to take and file a formal appeal on your behalf if necessary.

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

If you want to skip the DRO review in order to directly go to BVA the BVA, then submit Form 9 and wait for the regional office to transfer the file to the Board. The BVA will then issue an Statement of Case (SOC). You can request an individual hearing before the BVA but it's not a requirement.

A supplemental claim gives you the opportunity to provide new and relevant evidence to the VA. This includes medical evidence, but also non-medical evidence such as lay statements. An attorney can make these statements on your behalf and also request independent medical examinations and a vocational expert opinion. If the BVA rejects your supplemental claim, you can submit an appeal to the Court of Appeals for Veterans Claims.