How to File a Veterans Disability Case

Many veterans who join the military suffering from medical conditions that they don't seek out or treat. They think that the problems will disappear after a while or get better.

As time passes, the problems become more severe. Now they need help from the VA to receive compensation. The VA does not believe the VA.

Getting Started

Many veterans wait years before filing a disability claim. Many veterans wait years before filing a disability claim. For this reason, it is crucial to file a claim as soon as the symptoms of disability become serious enough. Let the VA be aware if you are planning to make a claim at a later date by submitting an intent to file. This will help you determine an effective date that is more recent and will make it easier for you to get your back pay.

It is essential to include all relevant proof when you file your initial claim. Include all medical records from civilian hospitals and clinics that pertain to the illnesses or injuries you plan to claim as well as military documents.

The VA will review your claim and collect additional evidence from both you and your healthcare providers. Once they have the information they require, they will arrange for you to take an examination to determine your compensation and pension (C&P) to determine your eligibility.

It is best to do this in conjunction with your separation physical to ensure that it is recorded as a disability that is service-connected, even when the rating is only 0%. It will be easier to request an increase in your rating if your condition worsens.

Documentation

It is important that you provide all the necessary documentation to your VA disability lawyer to ensure that you receive the benefits to which you are entitled. This could include medical documents, service records and letters from relatives, friends or colleagues who understand how your disability affects you.

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

VA will then assess the evidence to determine your disability rating. This is done by using an approved schedule by Congress that determines which disabilities can be compensated and in what percentage.

If VA finds that you suffer from a qualifying disability, they will notify you of this decision in writing and send the relevant documents to Social Security for processing. If they conclude that you do not have a qualifying impairment The VSO returns the documents and you have the option to appeal the decision within a predetermined period of time.

A VA lawyer can assist you to gather evidence for your claim. In addition, to medical documentation our veterans advocate can seek opinions from independent medical examiners, as well as a statement from your VA treating physician on the impact of your disability on your life.

Meeting with VSO VSO

A VSO can help with a variety of programs, beyond disability compensation. These include vocational rehabilitation, employment, home loans and group life insurance. They can also help with medical benefits and burial benefits. They will review all of your records from service, and medical information to find out which federal programs you're eligible for and to fill out the required paperwork 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 disability lawsuits, Servicemembers, and their families. They are legally able to represent a Veteran or dependent with a claim for any federal benefit.

After the VA receives all of your evidence, they will go over it, and assign the rating of disability according to the severity of your symptoms. When you are given a determination by the federal VA, the VSO will be able to discuss with you the ratings and any additional state benefits you might be entitled to.

The VSO can assist you in requesting an appointment with the VA if you disagreed with a ruling of the federal VA. The Appeals Modernization Act provides three "lanes" to appeal. They include a supplementary claim or a higher-level review or a written notice of disagreement to the Board of Veterans Appeals. A VSO can assist you in deciding which appeal or review options are appropriate for your particular situation.

Appeal

The VA appeals procedure is complex and lengthy. It could take up to a year or more to receive the outcome, depending on the AMA choice you make and whether your case qualifies for priority processing. A veteran disability lawyer can help you determine the best route to take and can file a formal appeal on your behalf, if needed.

There are three different ways to appeal a veterans benefits denial However, each requires different amounts of time. A lawyer can help you decide the best option for your case and can explain the VA disability appeals process so that you are aware of what to expect.

If you prefer to bypass the DRO review and instead go directly to the BVA you must file a Form 9 formal appeal and wait for the regional office of your region to transfer your case to the Board. The BVA will issue a Statement of Case (SOC). You can request an individual hearing before the BVA but it's not mandatory.

A supplemental claim gives you the chance to present new and relevant evidence to the VA. This could include medical evidence, but also non-medical proof like lay statements. An attorney can present these statements on your behalf and also get independent medical examinations and a vocational expert opinion. If the BVA refuses to accept your supplemental claim you can appeal to the Court of Appeals for Veterans Claims.