How to File a Veterans Disability Case

Many veterans have medical issues when they enter the military, but don't disclose them or treat them. They think that the problems will go away after a period of time or improve.

As the years go by as time passes, the issues continue to get worse. They now require the VA's assistance to get compensation. The problem is that the VA won't accept their claims.

Getting Started

Many veterans wait for a long time before filing a claim. Many veterans wait years before filing a disability claim. It is important to file a claim when the symptoms of disability become serious enough. If you're planning to pursue a claim in future, let the VA be aware by submitting an intent to submit form. This will help you determine an effective date that is more recent and make it easier to claim your back pay.

When you file your initial claim, it is important to include all relevant evidence. It is essential to include all medical records from civilian hospitals and clinics that pertain to the illnesses or injuries you plan to claim as well as military records.

The VA will examine your claim and gather additional evidence from you and your healthcare providers. Once they have all of the information they require, they'll arrange an appointment for you to take a 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 recognized as a service-connected disability even if the rating is 0 percent. This will make it much easier to file for an increase in your rating when your condition becomes worse.

Documentation

To be able to claim the benefits you are entitled to, it is essential to give your VA disability lawyer with all relevant documents. This can include medical documents, service records as well as letters from friends, relatives or coworkers who know how your disability affects you.

Your VSO can help you gather the necessary documentation. This could include medical records from the VA hospital as well as private physician's reports, diagnostic tests and other evidence to show that you suffer from a debilitating condition that was caused or worsened 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 by using an established schedule by Congress which defines which disabilities are compensable and at what percentage.

If VA finds that you have a qualifying disability, they will notify you of their decision in writing. They will then forward the relevant documents to Social Security for processing. If they find that you don't have a qualifying disability and the VSO will return the form to you. it is possible to appeal the decision within a set time.

A VA lawyer in Kalamazoo can assist you in gathering the evidence required for your claim. In addition to medical evidence our veterans advocate can seek opinions from independent medical examiners and an opinion from your VA treating doctor regarding the impact of your disabilities on your life.

Meeting with a VSO

A VSO can help with a myriad of programs, beyond disability compensation. They offer vocational rehabilitation as well as employment, home loans and group life insurance. They can also assist with medical benefits as well as military burial benefits. They will review your medical 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 authorized to represent a Veteran or dependent with the claim of any federal benefit.

Once the VA receives all of your evidence, they will examine it, and then assign the disability rating based on your severity of symptoms. A VSO can discuss your ratings, and additional state benefits to which you could be eligible, with you after you have received a decision from the federal VA.

The VSO can also assist you to request a hearing with the VA to resolve an issue in the event that you do not agree with a decision of the federal VA. Under the Appeals Modernization Act, there are three "lanes" available for an appeal that includes a supplemental claim, an upper-level review, or a Notice of Disagreement with the Board of Veterans Disability Lawyer Appeals. A VSO can help you decide which appeal/review options are best for your particular situation.

Appeals

The VA appeals procedure can be complicated and time-consuming. It could take a full year or longer to receive a decision, depending on the AMA option you select and if your case qualifies for veterans disability lawyer priority processing. A veteran disability lawyer can help you determine the best route to take and can also file an official appeal on behalf of you if required.

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

If you decide to forgo 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 can request an individual hearing before the BVA but it's not a requirement.

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