How to File a Veterans Disability Case

Many veterans join military service with medical issues that they don't report or treat. They think that the problem will disappear after a while or get better.

As time passes, these problems continue to worsen. Now they need VA assistance to obtain compensation. The problem is that the VA isn't going to believe them.

Getting Started

Many veterans wait for years before making an claim. Many veterans wait for years before filing a disability claim. It is essential to initiate filing a claim as soon the symptoms of disability become serious enough. Let the VA know if you plan to file your claim at later time by submitting an intention to file. This will help establish a earlier effective date, making it easier to recover money for the time you have already missed due to your disability.

When you file the initial claim, it's important to provide all evidence relevant. Include all medical records from hospitals and clinics that pertain to the ailments or injuries you're planning to file a claim for, as well as military records.

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

It is best to do this as a part of your separation physical so that it is recognized as a disability resulting from service, even if the rating is 0 percent. It will be much easier to ask for an increase in rating should your condition becomes worse.

Documentation

It is important that you provide all the necessary 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 veterans Disability law Firms letters from family members, friends or colleagues who understand how your disability affects you.

Your VSO can help you gather the required documentation. This may include medical records from the VA hospital and private physician's records diagnostic tests, and other evidence to show that you suffer from a debilitating condition that was caused by or worsened by your service in the Armed Forces.

VA will then evaluate the evidence to determine your disability rating. This is accomplished using a schedule designed by Congress that specifies which disabilities can be compensated and at what percentage.

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

A VA attorney in Kalamazoo can help you gather the evidence required for your claim. Our veterans advocate can obtain medical records and opinions from independent medical examiners as well as a statement from the VA treating doctor regarding your disability.

Meeting with a VSO

A VSO can help with a range of programs that go beyond disability compensation, such as vocational rehabilitation and employment such as home loans as well as group life insurance, medical benefits as well as military burial benefits and many more. They will go through your medical records and service records to determine the federal programs available to you. They will also fill out the required paperwork.

Many accredited representatives work for VA-accredited/federally chartered veterans disability law firms, Read More On this page, service organizations (VSOs), 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 dependent who is the claim of any federal benefit.

After the VA receives all your evidence, they will examine it, and then assign a rating of disability depending on 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 other state benefits you might be entitled to.

The VSO can also help you request an appeal to the VA to resolve a problem when you are not satisfied with a decision made by the federal VA. The Appeals Modernization Act provides three "lanes" for appeals. They include a supplementary claim or a higher-level review or a notice of disagreement to the Board of Veterans Appeals. A VSO can assist you in deciding which appeal/review options are best for your particular situation.

Appeals

The VA appeals process can be complex and time-consuming. It could take a time of up to a year before you receive an answer, based on the AMA option you select and if your case qualifies for priority processing. A veteran disability attorney can help you decide the best way to proceed and may make an appeal on your behalf, if needed.

There are three different ways to appeal a veterans disability attorneys benefits denial however each one takes different amounts of time. A lawyer can help you determine which option is best for your situation and veterans disability law firms explain the VA disability appeals process so that you know what you can expect.

If you prefer to bypass the DRO review and instead go directly to the BVA you must submit an appeal form 9 formal appeal and wait for the regional office of your region to transfer your file to the Board. The BVA will then issue an Statement of Case (SOC). You may request an individual hearing before the BVA but it isn't mandatory.

A supplemental claim gives you the chance to submit new and relevant evidence to the VA. This can include medical evidence, but also non-medical evidence such as statements from lay people. An attorney is able to submit these statements on your behalf and also request independent medical exams and a vocational expert opinion. If the BVA refuses to accept your supplemental claim you can appeal to the Court of Appeals for Veterans Claims.