How to File a Veterans Disability Case

Many veterans have medical issues when they enter the military, but do not disclose them or treat them. They figure they will be cured or disappear after a while.

As the years go by, these problems continue to worsen. Now they require help from the VA to receive compensation. The problem is that the VA won't accept their claims.

Getting Started

Many veterans wait for years before filing claims. They may feel that they can deal with the issue or that it will go away on its own without treatment. Therefore, 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 later dates by submitting an intent to file. This will allow for a later effective date, which makes it easier to recover money for the time you've already missed out on because of your disability.

When you file your initial claim, it is important to include all relevant evidence. This includes medical clinics for civilians and hospital records that relate to the injuries or illnesses you are planning to claim, as well any military records that pertain to your service.

The VA will review your claim and collect additional evidence from both you and your healthcare providers. Once they have all of the information they require, they will schedule an appointment for you to take the Compensation and Pension Exam (C&P) to determine your eligibility.

This should be done in parallel with the separation physical so that your condition is recorded as service-connected even if the disability is not a%. This will make it much easier to file for an increased rating later if your condition worsens.

Documentation

It is important that you supply all the necessary documentation to your VA disability lawyer in order to get the benefits to which you are entitled. This can include medical records, service records and even lay evidence, such as letters from family, friends members, or coworkers who understand how your disabilities affect you.

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

The next step is for VA to assess the evidence and determine your disability rating. This is accomplished by using a schedule drafted by Congress which defines the types of disabilities that are eligible for compensation and at what percentage.

If VA finds that you have a qualifying disability, they will inform you of the decision in writing and send the appropriate documents to Social Security for processing. If they decide that you don't have a qualifying disability and the VSO will return the document to you, and it is possible to appeal the decision within a specific time.

A VA attorney in Kalamazoo can help you gather the evidence needed to support your claim. Our veterans advocate can get medical documents and opinions from independent medical examiners as well as a statement from the VA treating doctor about your disability.

Meeting with VSO VSO

A VSO can assist with a myriad of programs that go beyond disability compensation, including vocational rehabilitation and employment, home loans and group life insurance, medical benefits, military burial benefits, and many more. They will go over all of your documents from your military service, and medical records to find out what federal programs you're eligible for and complete the necessary 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, Servicemembers, and their families. They are authorized to represent any Veteran or dependent with claims for any federal benefit.

Once the VA has all of your evidence, they will review it and give you a disability score in accordance with the severity of your symptoms. A VSO can discuss your rating and other state benefits for which you could be eligible, with you when you receive a decision from the federal VA.

The VSO can also assist you to request a hearing with the VA to resolve an issue if you disagree with a decision of the federal VA. Under the Appeals Modernization Act, there are three "lanes" available for an appeal that includes a supplemental claim, an upper-level review, or an appeal to the Board of Veterans Appeals. A VSO will assist you in determining which appeal/review option is best for your situation.

Appeals

The VA appeals process is lengthy and complicated. Depending on the AMA choice is made and vimeo whether or not your case is eligible to be handled in a priority manner, it can take some time to get an official decision. A veteran disability lawyer can assist you in determining the best path to follow and can file a formal appeal on behalf of you if needed.

There are three ways to appeal the denial of benefits to veterans However, each takes different amounts of time. A lawyer can assist you in deciding which is best for your case, and explain the VA disability claims process so you are aware of what to expect.

If you wish to skip the DRO review and go directly to the BVA, you must submit a Form 9 formal appeal and wait for the regional office in your area to transfer your file to the Board. The BVA will then issue a Statement of the Case (SOC). You can request a personal hearing before the BVA however it's not required.

A supplemental claim gives you the chance to present new and relevant evidence to the VA. This can include medical evidence as well as non-medical evidence such as lay assertions. An attorney can submit these statements on behalf of you and also obtain independent medical examinations and a vocational expert's opinion. If the BVA refuses to accept your supplemental claim you can appeal to the Court of Appeals for miami veterans disability law firm Claims.