How to File a Veterans Disability Case

Many veterans have medical issues after they join the military, but they do not disclose them or treat them. They believe that the issues will go away over time or improve.

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

Getting Started

Many veterans disability lawyer have to wait for years before filing a claim for disability. They may feel that they are able to handle the issue or believe that it will go away on its own without treatment. It is essential to initiate a claim as soon as the symptoms of disability become severe enough. If you intend to submit a claim in the future then inform the VA know by filing an intent to file form. This will allow you to determine an effective date that is more recent and make it easier for you to receive your back pay.

When you file your initial claim, it is important to provide all evidence relevant. This includes medical clinics for civilians and hospital records related to the illness or injuries you intend to claim, as well any military records pertaining to your service.

The VA will examine your claim and obtain additional evidence from both you and your healthcare providers. Once they have the information they require, they'll schedule you for an exam for compensation and pension (C&P) to determine your rating.

This should be done in conjunction with the separation physical so that your disability is recognized as service-connected even if the disability is not a%. It will be easier to ask for an increase in your rating if your condition worsens.

Documentation

It is essential to provide all the required documentation to your VA disability lawyer to be able to claim the benefits to which you are entitled. This can include medical documents, service records as well as letters from relatives, friends or coworkers that know how your disability affects you.

Your VSO can help you gather the necessary documentation. This can include medical records from the VA Hospital and a private physician's report, diagnostic tests, and other evidence that proves you are suffering from a condition that is disabling and that your participation in Armed Forces caused or worsened it.

VA will then assess the evidence to determine your disability rating. This is done using an approved schedule by Congress that defines which disabilities are eligible for compensation and at what percentage.

If VA determines that you have a qualifying disability, they will notify you of this decision in writing. They will then forward the appropriate documents to Social Security for processing. If they determine that you do not have a qualifying disability then the VSO will return the document to you, and they will allow you to appeal the decision within a specific time.

A VA lawyer in Kalamazoo can assist you in obtaining the evidence you need to support your claim. In addition to medical records Our veterans disability law firms advocate can get opinions from independent medical examiners, as well as a statement from your VA treating physician on the impact of your disabilities on your daily life.

Meeting with a VSO

A VSO can assist with a range of programs, which extend 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 look over all of your records from service, and medical records to find out which federal programs you're eligible for and to complete the required paperwork to apply.

Many accredited representatives work for VA-accredited/federally chartered veterans disability lawyers service organizations (VSOs), which are private non-profit groups that advocate on behalf of Veterans, Servicemembers, and their families. They are authorized to represent any Veteran or dependent who is the claim of any federal benefit.

Once the VA has all of your evidence, they will evaluate it and determine a disability rating based on the severity of your symptoms. If you are granted a decision by the federal VA, you will be contacted by a VSO will be able to discuss your ratings with you and any other state benefits you might be entitled to.

The VSO can help you request an interview with the VA when you disagree with a decision made by the federal VA. The Appeals Modernization Act provides three "lanes" to appeal. These include a supplementary claim or a higher-level review or a notice of disagreement to the Board of Veterans Appeals. A VSO can assist you in determining which appeal or review option is the most appropriate for your particular situation.

Appeals

The VA appeals procedure is complex and lengthy. It could take a one year or more to get a decision, depending on the AMA route you choose and whether your case is eligible for priority processing. A veteran disability lawyer can help you decide the best way to proceed and can file an appeal on your behalf if required.

There are three ways to appeal a Veterans Benefits denial Each one requires different amount of time. A lawyer can help you determine which one is appropriate for you. They can also explain the VA disability appeals procedure so that you know what to expect.

If you'd like to skip the DRO review to directly go to BVA the Board, you must complete Form 9 and wait for the regional office to transfer the file to the Board. The BVA will issue a Statement of Case (SOC). You may request a personal hearing before the BVA however it isn't required.

A supplemental claim gives you the opportunity to provide fresh and relevant evidence to the VA. This can include medical evidence as well as non-medical evidence such as lay statements. An attorney can make these statements on behalf of you and can also obtain independent medical examinations and a vocational expert's opinion. If the BVA denies your supplemental claim you may file an appeal to the Court of Appeals for Veterans Claims.