How to File a Veterans Disability Case

Many veterans enter military service with medical issues that they don't report or treat. They think that the problem will disappear after a time or improve.

As time passes, the problems get worse. Now, they require the VA's assistance to get compensation. The problem is that the VA won't accept their claims.

Getting Started

Many veterans disability case wait for a long time before making a claim. They might believe that they are able to handle the issue or believe that it will go away on its own without treatment. It is important to file a claim as soon as the symptoms of disability become serious 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 help establish a earlier effective date, making it easier to get back payment for time that you've already lost due to your disability.

When you file your initial claim, it is important to provide all evidence relevant. This includes civilian medical clinic and hospital records that relate to the illnesses or injuries you intend to claim, as well any military records related to your service.

The VA will examine your claim and request additional evidence from both you and your healthcare providers. Once they have all the information they require, they'll set up an appointment to take an exam for Compensation and Pension (C&P) in order to determine your eligibility.

It is recommended to complete this in conjunction with your separation physical to ensure it is recorded as a disability resulting from service, even when the rating is only 0%. This will make it much simpler to obtain an increased rating later if your condition worsens.

Documentation

To get the benefits you are entitled to, it is essential to provide your VA disability lawyer with all the relevant documentation. This could include your medical records, service records and other evidence of a lay nature, such as letters from relatives, friends members or colleagues who know how your disabilities affect you.

Your VSO can assist you in gathering the necessary documentation. This may include medical records from the VA hospital, Veterans Disability Case private physician's reports, diagnostic tests and other evidence to show that you suffer from a debilitating condition that was caused by or worsened due to your service in the Armed Forces.

The next step is for VA to assess the evidence and determine your disability rating. This is done with a schedule drafted by Congress that outlines which disabilities are compensable and at what percentage.

If VA finds that you qualify for disability benefits, they will inform you in writing of their decision. They'll also send all the relevant documents to Social Security. If they determine that you don't have a qualifying impairment and the VSO returns the document and you can appeal the decision within a certain timeframe.

A VA attorney in Kalamazoo can assist you in obtaining the evidence you need to support your claim. In addition, to medical documentation, our veterans disability law advocate can seek opinions from independent medical examiners as well as a letter from your VA treating doctor regarding the impact of your disability on your life.

Meeting with VSO VSO

A VSO can help with a variety of programs, ranging from disability compensation. These include vocational rehabilitation as well as employment, home loans and group life insurance. They can also help with medical benefits and military burial benefits. They will look over all of your documents from your military service, and medical information, to find out what federal programs you're eligible for and to complete the required paperwork for you to apply.

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 able to represent the interests of a Veteran, dependent or survivor who has a claim to any federal benefit.

When the VA has all of your evidence, they will evaluate it and give you a disability score depending on the severity of your symptoms. If you are granted a decision by the federal VA, the VSO can discuss your ratings with you and any other state benefits you might be entitled to.

The VSO can assist you in requesting an hearing with the VA if you disagreed with a ruling of the federal VA. In the Appeals Modernization Act, there are three "lanes" available for an appeal that includes a supplemental claim, an additional level review or an appeal to the Board of veterans disability claim Appeals. A VSO can help you decide which appeal or review options are appropriate for your particular situation.

Appeals

The VA appeals process is complicated and long. It could take up to a year or more to receive a decision, depending on the AMA lane you choose and if your case is eligible for priority processing. A veteran disability lawyer can assist you in determining the best course of action and file a formal appeal on your behalf, if required.

There are three different ways to appeal a denial of benefits to veterans however each one takes different amounts of time. A lawyer can assist you in deciding which is best for your situation and explain the VA disability claims process so that you know what you can expect.

If you'd like to skip the DRO review to go 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 then issue an Statement of Case (SOC). You may request a personal hearing before the BVA but it is not mandatory.

A supplemental claim gives you the opportunity to provide new and relevant evidence to the VA. This includes medical evidence, but also non-medical evidence like statements made by laypeople. An attorney can present these statements on behalf of you and also get independent medical exams and a vocational expert opinion. If the BVA declines your supplemental claim, you can submit an appeal to the Court of Appeals for Veterans Claims.