How to File a Veterans Disability Case

Many veterans have medical issues when they enter the military, but they do not divulge them or treat them. They figure they will go away or get better after a time.

But years pass and those problems get worse. Now, they need help from the VA to get compensation. The problem is that the VA won't believe them.

Getting Started

Many veterans are waiting for years before making a claim. They might think that they are able to handle the issue or that it will go away on its own without treatment. This is why it is important to start filing a claim as soon the symptoms of disability become serious enough. Let the VA know if you plan to file your claim at an earlier date by submitting an intent to file. This will enable you to determine an effective date that is more recent and make it easier for you to get your back pay.

When you file the initial claim, it is important to provide all evidence relevant. Include all medical records from civilian hospitals and clinics pertaining to the ailments or injuries you plan to claim and military records.

The VA will examine your claim and obtain additional evidence from you and your healthcare providers. Once they have all the information they require, they'll make an appointment with you to take an exam 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 recorded as a disability that is service-connected, even if the rating is 0%. This will make it easier to file for an increase in your rating if your condition worsens.

Documentation

To be able to claim the benefits you are entitled to, it is vital to provide your VA disability lawyer with all relevant documents. This may include service records, medical documentation and other evidence of a lay nature, such as letters from friends, family members, or coworkers who understand the impact of your disabilities on 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 diagnostic tests, and other evidence to show that you suffer from a chronic condition that was caused by or worsened due to your service in the Armed Forces.

VA will then evaluate the evidence to determine your disability rating. This is accomplished using the schedule created by Congress that specifies which disabilities are eligible to be compensated and in what percentage.

If VA finds that you have a qualifying disability, they will inform you of this 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, the VSO returns the documents and you have the option to appeal the decision within a predetermined timeframe.

A VA lawyer in Kalamazoo can assist you in obtaining the evidence required for your claim. In addition, to medical documentation our veterans disability case advocate can seek opinions from independent medical examiners and a statement from your VA treating physician regarding the impact of your disabilities on your life.

Meeting with a VSO

A VSO can assist with a range of programs that go beyond disability compensation, such as vocational rehabilitation and employment home loans as well as group life insurance, medical benefits, military burial benefits, and many more. They will review all of your documents from your military service, and medical information, to find out which federal programs you are eligible for and complete the necessary paperwork required to apply.

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

When the VA has all the evidence, they will review it and determine a disability rating in accordance with the severity of your symptoms. A VSO will discuss your rating and other state benefits for which might be eligible, with you after you have received a decision from the federal VA.

The VSO can assist you in requesting an hearing with the VA in the event you disagree with a decision made by the federal VA. In the Appeals Modernization Act, there are three "lanes" that can be used to appeal which include a supplemental claim a higher level review or an appeal to the Board of veterans disability compensation Appeals. A VSO can assist you in deciding which appeal or review option is best for your situation.

Appeal

The VA appeals process is complicated and long. It could take a full year or more to receive a decision, based on the AMA option you select and if your case qualifies for priority processing. A veteran disability lawyer can help you determine the best course of action and can file a formal appeal on your behalf, if required.

There are three different ways to appeal a veterans benefits denial, but each takes different amount of time. A lawyer can assist you in deciding which one is the most appropriate for your particular situation, veterans disability case and also explain the VA disability claims process to help you understand what you can expect.

If you'd like to skip the DRO review to go directly to BVA the Board, you must submit Form 9 and wait for the regional office to forward the file to the Board. The BVA will issue a Statement of Case (SOC). You can request an individual hearing before the BVA but it isn't mandatory.

A supplemental claim provides you with the chance to submit new and relevant evidence to the VA. This includes medical proof, but also non-medical evidence such as statements made by laypeople. An attorney can make these statements on your behalf and can also obtain independent medical exams and a vocational expert opinion. If the BVA refuses your claim for supplemental benefits, you can submit an appeal to the Court of Appeals for veterans disability attorney Claims.