How to File a Veterans Disability Case

Many veterans have medical problems as they join the military, but do not divulge them or treat them. They believe that the issues will go away over time or improve.

But as time passes, the problems get worse. Now they need help from the VA to get compensation. The VA isn't convinced by the VA.

Getting Started

Many veterans have to wait for years before filing a disability claim. Many veterans wait for years before filing a disability claim. It is important to file a claim as soon as the symptoms of disability become severe enough. Let the VA know if you plan to file a claim at later time by submitting an intent to file. This will enable you to establish an effective date that is more recent and will make it easier for you to receive your back pay.

It is crucial to include all relevant evidence when you file your initial claim. You should include all medical records from civilian hospitals and clinics that pertain to the illnesses or injuries you are planning to claim as well as military documents.

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

It is recommended to complete this in parallel with your separation physical, so that it is documented as a disability that is service-connected, even when the rating is only 0 percent. This will make it simpler to obtain an increased rating later when your condition becomes worse.

Documentation

It is vital that you supply all the necessary documentation to your VA disability lawyer to be able to claim the benefits to which you are entitled. This may include service records, medical documentation and even lay evidence, such as letters from friends, family members or colleagues who know how your disabilities affect you.

Your VSO can assist you in gathering the required documentation. This may include medical records from the VA hospital and private physician's records or diagnostic tests as well as other evidence to prove that you suffer from a chronic condition that was caused or made worse by your service in the Armed Forces.

VA will then review the evidence to determine your disability rating. This is done using the schedule that was created by Congress which defines which disabilities are compensable and at what percentage.

If VA decides that you are eligible for disability benefits, they will notify you in writing of their decision and forward all relevant documents to Social Security. If they determine that you do not have a qualifying impairment and the VSO returns the documents and you have the option to appeal the decision within a certain time period.

A VA lawyer can assist you to get the evidence you need to prove your claim. Our veterans advocate can also obtain medical documentation and opinions from independent medical examiners and a written statement from the VA treating physician regarding your disability.

Meeting with VSO VSO

A VSO can help with a wide range of programs that go beyond disability compensation, including vocational rehabilitation and employment loans for home, group life insurance, veterans disability medical benefits as well as military burial benefits and more. They will examine your medical records and service records to determine what federal programs are available to you and fill out 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 legally authorized to represent the interests of a Veteran, dependent or survivor with a claim for any federal benefit.

After the VA receives all your evidence, they will go over it, and then give you the disability rating in accordance with the severity of your symptoms. After you have been given a decision by the federal VA, a VSO can discuss with you your ratings and any additional benefits from the state that you might be entitled to.

The VSO can help you request an hearing with the VA when you disagree with a decision made by the federal VA. The Appeals Modernization Act provides three "lanes" for an appeal. These include a supplementary claim or a review at a higher level or a written notice of disagreement to the Board of veterans disability lawyer Appeals. A VSO will assist you in determining which appeal or review option is the most appropriate for your situation.

Appeal

The VA appeals process can be complicated and lengthy. It can take a one year or more to get the outcome, depending on the AMA choice you make and whether your case is eligible for priority processing. A veteran disability lawyer can assist you in determining the best route to take and can file a formal appeal on your behalf if necessary.

There are three options to appeal a denial of veterans benefits, but each takes different amount of time. A lawyer can help you decide which option is best for you and will explain the VA disability appeals process to help you understand what to expect.

If you'd like to skip the DRO review to submit your case directly to BVA, then you must submit Form 9 and wait for the regional office to transfer the file to the Board. The BVA will issue a Statement Of Case (SOC). You may request a personal hearing before the BVA but it's not required.

A supplemental claim gives you the chance to submit new and relevant evidence for the VA. This could include medical evidence, but also non-medical proof such as lay statements. A lawyer can submit these statements, and also obtain independent medical examinations as well as a vocational expert's opinion on your behalf. If the BVA rejects your supplemental claim you can submit an appeal to the Court of Appeals for Veterans Claims.