How to File a Veterans Disability Case

Many veterans enter military service with medical problems which they don't report or treat. They believe that the issues will be gone after a period of time or improve.

But as time passes, the problems get worse. Now they need VA assistance to obtain compensation. The problem is that the VA won't believe them.

Getting Started

Many veterans wait years before filing a disability claim. They may feel that they are able to handle the problem or that it will disappear by itself without treatment. It is crucial to file a claim as soon as the symptoms of disability get severe enough. Let the VA know if you intend to file a claim on an earlier date by submitting an intention to file. This will allow you to determine an earlier effective date and will make it easier for you to get your back pay.

It is essential to include all relevant evidence when you submit your initial claim. You must include all medical records from civilian clinics and hospitals pertaining to the injuries or illnesses you intend to claim, and military documents.

When the VA accepts your claim they will examine it and gather additional evidence from you and your health healthcare providers. Once they have all the data they require, they'll arrange an appointment for you to take a Compensation and Pension Exam (C&P) in order to determine your eligibility.

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

Documentation

It is essential to provide all the necessary documentation to your VA disability lawyer in order to get the benefits to which you are entitled. This could include service records, medical documentation and lay evidence like letters from family, friends members, or coworkers who understand the impact of your disabilities on you.

Your VSO can assist you with gathering the required documentation. This could include medical records from the VA Hospital or a private doctor's report as well as diagnostic tests and other evidence to prove that you are suffering from a condition that is disabling and that your service in Armed Forces caused or worsened it.

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

If VA determines that you are eligible for disability benefits, they will inform you in writing of their decision and send all the relevant documents to Social Security. If they determine that you don't have a qualifying disability, the VSO will return the document to you and the decision is yours to appeal within a specified time.

A VA lawyer can assist you to find evidence to support your claim. In addition to medical documentation, our veterans advocate can get opinions from independent medical examiners, as well as an opinion from your VA treating doctor on the impact of your disabilities on your life.

Meeting with a VSO

A VSO can help with a wide range of programs that go beyond disability compensation, such as vocational rehabilitation and employment such as home loans and group life insurance, medical benefits as well as military burial benefits and many more. They will look over all of your service records, and medical records to find out which federal programs you're eligible for and fill out the necessary paperwork to apply.

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

Once the VA has all the evidence, they'll review it and give you a disability score based on the severity of your symptoms. After you have been given a decision by the federal VA, a VSO will discuss with you your rating and any additional benefits from the state that you may be entitled to.

The VSO can assist you in requesting an appeal to the VA in the event that you are dissatisfied with a decision of the federal VA. In the Appeals Modernization Act, there are three "lanes" that can be used to appeal which include a supplemental claim higher-level review or a 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 process is complicated and lengthy. Based on which AMA lane is chosen and whether or not your case is eligible to be treated with priority and it could take some time to get an official decision. A veteran disability lawyer can assist you in determining the best course of action and can file a formal appeal on your behalf, if needed.

There are three options to appeal a veterans benefits denial, but each takes different amount of time. A lawyer can help you decide which option is the best for your particular situation, and also explain the VA disability claims process so you know what you can expect.

If you want to skip the DRO review in order to submit your case directly to BVA then 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 an individual hearing before the BVA but it isn't mandatory.

A supplemental claim is an opportunity to provide new and relevant evidence to the VA. This can include medical evidence, but also non-medical evidence like statements made by laypeople. Lawyers can present these statements and request independent medical tests as well as a vocational expert's recommendation on your behalf. If the BVA refuses your claim for supplemental benefits, you can submit an appeal to the Court of Appeals for Veterans Claims.