How to File a Veterans Disability Case

Many veterans who join the military with medical problems which they don't report or treat. They think that the problems will disappear over time or improve.

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

Getting Started

Many veterans are waiting for years before making claims. Many veterans wait years before filing a disability claim. It is important to file a claim when the symptoms of disability are severe enough. Let the VA be aware if you are planning to file your claim at later dates by submitting an intent to file. This will allow for a later effective date, which will make it easier to claim back pay for the time you've already been denied due to your disability.

When you file the initial claim, it's important to include all relevant evidence. Include all medical records from hospitals and clinics pertaining to the ailments or injuries you plan to claim and military documents.

The VA will examine your claim and obtain additional evidence from you and your healthcare providers. Once they have all of the information they require, they'll set up an appointment to take an examination called a Compensation and Pension (C&P) in order to determine your rating.

This should be done in conjunction with the separation physical so that your disability is categorized as service-connected even if it is 0%. This will make it easier to request an increase in your rating if your condition worsens.

Documentation

To receive the benefits you are entitled to, it is essential to give your VA disability lawyer with all relevant documents. This can include medical documents, service records as well as letters from friends, relatives or coworkers who are aware of how your disability affects you.

Your VSO can help you gather the necessary 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 the Armed Forces caused or veterans disability worsened it.

The next step is for VA to assess the evidence and determine your disability rating. This is done with an established schedule by Congress that outlines which disabilities are compensable and in what percentage.

If VA finds that you qualify for disability benefits, they will inform you in writing of their decision. They'll also send all the necessary documents to Social Security. If they find that you don't have a qualifying disability then the VSO will return the document to you and it is possible to appeal the decision within a set time.

A VA lawyer in Kalamazoo can assist you in gathering the evidence you need to support your claim. Our veterans disability lawsuit advocate can also obtain medical records and opinions from independent medical examiners as well as a statement from the VA treating physician regarding your disability.

Meeting with VSO VSO

A VSO can help with a variety of programs that go beyond disability compensation. They offer vocational rehabilitation as well as employment, home loans and group life insurance. They also can assist with medical benefits and burial benefits. They will review 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 authorized to represent a Veteran or dependent with a claim of any federal benefit.

Once the VA has received all of your evidence they will review it, and then assign a rating of disability according to the severity of your symptoms. When you are given a determination by the federal VA, an VSO will discuss with you your rating and any other state benefits you may be entitled to.

The VSO can also help you request an appointment with the VA to resolve a problem when you are not satisfied with a decision 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 notice of disagreement to the Board of Veterans Appeals. A VSO can help you decide which appeal or review option is best for your situation.

Appeals

The VA appeals process can be complex and long. Based on which AMA option is selected and whether or not your case is handled in a priority manner and it could take some time to get a final decision. A veteran disability lawyer can assist you in determining the best route to take and file a formal appeal on your behalf if necessary.

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

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

A supplemental claim gives you the chance to submit new and relevant evidence to the VA. This can include medical evidence however, it can also include non-medical proof such as lay statements. An attorney can make these statements on behalf of you and also obtain independent medical exams and a vocational expert's opinion. If the BVA denies your supplemental claim, you can submit an appeal to the Court of Appeals for Veterans Claims.