How to File a Veterans Disability Case

Many veterans have medical issues when they enter the military, but do not disclose them or treat them. They believe that the issue will be gone over time or improve.

As time passes, the problems get worse. Now they need help from the VA to receive compensation. The problem is that the VA will not believe them.

Getting Started

Many veterans are waiting for years before filing a disability claim. Many veterans wait for years before filing a disability claim. It is crucial to file a claim when the symptoms of disability get severe enough. Let the VA be aware if you are planning to file your claim at a later date by submitting an intent to file. This will allow for a later effective date, making it easier to get back money for the time you've missed out on because of your disability.

When you file your initial claim, it's important to provide all evidence relevant. This includes the medical clinics of civilians and hospital records regarding the ailments or injuries you intend to claim, as well as any military records related to your service.

When the VA accepts your claim they will review it and collect additional evidence from you and your health medical professionals. Once they have all the evidence they require, they will make an appointment with you to take the Compensation and Pension Exam (C&P) in order to determine your eligibility.

This must be done in tandem with the separation physical, to ensure that your condition is recorded as service-connected even if it is 0 percent. This will make it much easier to request an increase in your rating should your condition get worse.

Documentation

In order to obtain the benefits you are entitled to, it is crucial that you give your VA disability lawyer with all of the relevant documentation. This can include medical records, service records and lay evidence such as letters from relatives, friends members, or coworkers who understand how your disabilities affect you.

Your VSO can assist you in gathering the necessary documentation. This may include medical records from the VA hospital or private physician's report diagnostic tests, and other evidence to prove that you suffer from a chronic condition and that it was caused or worsened through your service 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 designed by Congress that specifies the disabilities that are eligible for compensation and at what percentage.

If VA determines that you are suffering from a qualifying disability, they will notify you of the decision in writing, and then send the appropriate documents to Social Security for processing. If they conclude that you don't have a qualifying disability then the VSO will return the form to you. the decision is yours to appeal within a specified time.

A VA attorney can help you get the evidence you need to prove your claim. Our veterans advocate can get medical documents and opinions from independent medical examiners as well as a letter from the VA treating doctor regarding your condition.

Meeting with VSO VSO

A VSO can help with a range of programs, which extend beyond disability compensation. They can help with vocational rehabilitation, employment, home loans and group life insurance. They can also assist with medical benefits and burial benefits. They will examine your medical and service records to determine the federal programs available to you and fill the necessary 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 disability, Servicemembers, and their families. They are authorized to represent the interests of a Veteran or dependent with the claim of any federal benefit.

After the VA has received all of your evidence, they'll review it, and assign the rating of disability according to the severity of your symptoms. A VSO can discuss your rating as well as any other state benefits for which you may be eligible, with you once you receive a decision from the federal VA.

The VSO can also help you request an appointment with the VA to resolve an issue if you disagree with a ruling made by the federal VA. In the Appeals Modernization Act, there are three "lanes" available for an appeal such as a supplemental appeal, a higher 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 the most appropriate for Veterans Disability your situation.

Appeal

The VA appeals process can be complicated and lengthy. It can take a year or more to receive a decision, based on the AMA option you select and if your case qualifies for priority processing. An experienced disability attorney can help you decide the best way to proceed and may make an appeal on your behalf, if needed.

There are three avenues to appeal the denial of veterans' benefits however each one requires the time in a different way. A lawyer can help you determine which is best for your case, and explain the VA disability claims process so that you know what you can expect.

If you want to forgo the DRO review and instead go directly to the BVA You must submit a Form 9 formal appeal and wait for your regional office to transfer your appeal to the Board. The BVA will then issue an Statement of Case (SOC). You can request a personal hearing before the BVA however it's not required.

A supplemental claim provides you with the chance to submit new and relevant evidence to the VA. This includes medical evidence but also non-medical evidence like statements made by laypeople. An attorney is able to submit these statements on your behalf and also request independent medical exams and a vocational expert's opinion. If the BVA rejects your supplemental claim you may appeal to the Court of Appeals for veterans disability lawyer Claims.