How to File a Veterans Disability Case

Many veterans go into military service suffering from medical conditions which they don't report or Lawyers treat. They believe that the issues will disappear after a while or get better.

As time passes and the conditions get worse. They now require assistance from the VA to receive compensation. The problem is that the VA won't believe them.

Getting Started

Many veterans wait for a long time before making an claim. Many veterans wait for years before filing a disability claim. This is why it is crucial to begin the process as soon as the disability symptoms become serious enough. If you're planning to file a claim in the future then inform the VA be aware by submitting an intent to submit form. This will establish an earlier effective date, making it easier to recover payment for time that you have already missed due to your disability.

It is essential to provide all the relevant documentation when you submit your initial claim. You must include all medical records from civilian hospitals and clinics pertaining to the ailments or injuries you plan to claim as well as military documents.

The VA will examine your claim and request additional evidence from you and your healthcare providers. Once they have the data they require, they'll schedule you for an examination for compensation and pension (C&P) to determine your eligibility.

It is recommended to complete this as a part of your separation physical, so that it is recorded as a service-connected disability, even when the rating is zero percent. It will be easier to ask for an increase in rating in the event that your condition becomes worse.

Documentation

To be able to claim the benefits you are entitled to, it's essential to provide your VA disability lawyer with all the relevant documentation. This may include service records, medical documentation and lay evidence like letters from family members, friends members or colleagues who know how your disabilities affect you.

Your VSO can assist you with gathering the required documentation. This could include medical records from the VA hospital as well as private physician's reports diagnostic tests, and other evidence to prove that you have a chronic condition and that it was caused by or made worse by your service in the Armed Forces.

The next step is for VA to examine the evidence and determine your disability rating. This is done by using an approved schedule by Congress that determines which disabilities are eligible to be compensated and at what percentage.

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

A VA attorney can help you get the evidence you need to prove your claim. In addition, to medical documentation, our veterans disability lawyers advocate can obtain opinions from independent medical examiners, as well as a letter from your VA treating doctor on the impact of your disabilities on your life.

Meeting with a VSO

A VSO can help with a variety of programs, beyond disability compensation. They offer vocational rehabilitation as well as employment, home loans and group life insurance. They can also assist with medical benefits and burial benefits. They will look over all of your documents from your military service, and medical information to find out the federal programs you're eligible for and to fill out 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 an Veteran or a dependent or survivor with a claim for any federal benefit.

When the VA receives all your evidence, lawyers they'll review it, and assign the rating of disability according to the severity of your symptoms. A VSO can discuss your ratings and any additional state benefits, for which you might be eligible with you after you have received an answer from the federal VA.

The VSO can help you request an appeal to 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, higher-level review or an appeal to the Board of Veterans Appeals. A VSO can help you decide which appeal/review options are best for your particular situation.

Appeal

The VA appeals procedure can be complicated and time-consuming. It could take a full year or more to receive the outcome, depending on the AMA lane you choose and if your case qualifies for priority processing. A veteran disability lawyer can assist you in determining the best route to take and file a formal appeal on your behalf if needed.

There are three options to appeal a denial of veterans benefits, but each takes different amount of time. A lawyer can help you determine which one is right for your case and can explain the VA disability appeals process so that you know what you can expect.

If you want to forgo the DRO review and go directly to the BVA you must submit a Form 9 formal appeal and wait for the regional office of your region to transfer your appeal to the Board. The BVA will then issue a Statement of the Case (SOC). You can request a personal hearing before the BVA, but it is not mandatory.

A supplemental claim provides an opportunity to present fresh and relevant evidence to the VA. This includes medical evidence but also non-medical evidence such as statements made by laypeople. Lawyers can present these statements and request independent medical exams as well as a vocational expert's recommendation on your behalf. If the BVA decides to deny your claim you can appeal to the Court of Appeals for veterans disability lawsuits Claims.