How to File a Veterans Disability Case

Many veterans suffer from medical issues when they join the military, Veterans Disability but don't reveal them or treat them. They figure they will be cured or disappear after a while.

But years pass and those problems become more severe. Now, they require the VA's assistance to get compensation. The problem is that the VA isn't going to believe them.

Getting Started

Many veterans have to wait for years before filing a claim for disability. They might think they are able to manage the issue or that it will go away by itself if they don't seek treatment. It is essential to file a claim as soon as the symptoms of disability are severe enough. Let the VA know if you intend to file a claim on later dates by submitting an intention to file. This will allow you to establish an earlier effective date and will make it easier for you to get your back pay.

It is vital to include all relevant evidence when you file your initial claim. This includes the medical clinics of civilians and hospital records related to the ailments or injuries you are planning to file a claim for, as well as any military records pertaining to your service.

When the VA receives your claim they will examine it and gather additional evidence from you and your health healthcare providers. Once they have the information they need, they will schedule you for an exam for compensation and pension (C&P) to determine your rating.

This is best done in conjunction with the separation physical, to ensure that your disability is recognized as service-connected even if it's 0%. It will be much easier to request an increase in rating in the event that your condition becomes worse.

Documentation

To be able to claim the benefits you are entitled to, it is vital to give your VA disability lawyer with all of the relevant documentation. This could include medical documents, service records and letters from relatives, friends or coworkers who know the impact of your disability on you.

Your VSO can help you gather 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 are suffering from a condition that is disabling and that your service 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 by using a schedule designed by Congress that designates the disabilities that are eligible for veterans Disability compensation and in what percentage.

If VA finds that you have a qualifying disability, they will inform you of their decision in writing and then send the relevant documents to Social Security for processing. If they conclude that you don't have a qualifying impairment, the VSO returns the document to you and you may appeal the decision within a specific time frame.

A VA attorney in Kalamazoo can assist you in gathering the evidence needed for your claim. Our veterans advocate can also obtain medical documentation and opinions from independent medical examiners and also a statement from the VA treating physician regarding your disability.

Meeting with a VSO

A VSO can assist with a variety of programs that go beyond disability compensation. These include vocational rehabilitation and employment, home loan and group life insurance. They also can assist with medical benefits and military burial benefits. They will go over all of your service records and medical records to figure out which federal programs you're eligible for and then fill out the required paperwork for you to apply.

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

After the VA receives all your evidence they will review the evidence, and then assign an assessment of disability according to the severity of your symptoms. A VSO will discuss your rating and other state benefits for which could be eligible, after you have received a decision from the federal VA.

The VSO can help you request an appeal to the VA if you disagreed with a decision made by the federal VA. Under the Appeals Modernization Act, there are three "lanes" available for an appeal such as a supplemental appeal, an additional 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 your particular situation.

Appeal

The VA appeals process is complicated and time-consuming. It could take a year or longer to receive a decision, based on the AMA option you select and whether your case is eligible for priority processing. A veteran disability lawyer can assist you in determining the best path to follow and can file a formal appeal on behalf of you if necessary.

There are three different ways to appeal a denial of benefits to veterans, but each takes different amount of time. A lawyer can assist you in deciding which one is appropriate for you and will explain the VA disability appeals process to help you know what to expect.

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

A supplemental claim provides an opportunity to provide new and relevant evidence to the VA. This can include medical evidence as well as non-medical evidence such as lay statements. An attorney is able to 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 can appeal to the Court of Appeals for Veterans Claims.