How to File a Veterans Disability Case

Many veterans go into military service with medical issues that they don't report or treat. They think that the problem will go away after a period of time or improve.

As time passes as time passes, the issues continue to get worse. They now require assistance from the VA to get compensation. The problem is that the VA won't accept their claims.

Getting Started

Many veterans wait years before filing a claim for disability. Many veterans disability lawsuits wait years before making a claim for disability. It is important to file a claim as soon as the symptoms of disability are severe enough. Let the VA know if you intend to make a claim at a later date by submitting an intention to file. This will establish an earlier effective date, which will make it easier to receive payment for time that you've already missed out on because of your disability.

When you file the initial claim, you need to include all relevant evidence. It is essential to include all medical records from hospitals and clinics pertaining to the ailments or injuries you are planning to claim and military documents.

When the VA has received your claim, they will review it and seek additional evidence from you and your health healthcare providers. Once they have all of the information they require, they will arrange an appointment for you to take an examination called a Compensation and Pension (C&P) to determine your rating.

It is recommended to do this prior to your separation physical so that it is recorded as a disability that is service-connected, even if the rating is 0 percent. It will be much easier to request an increase in rating should your condition worsens.

Documentation

It is essential to provide all the necessary documentation to your VA disability lawyer to be able to claim the benefits to which you are entitled. This can include service records, medical documentation and lay evidence such as letters from friends, family members, or colleagues who understand how your disabilities affect you.

Your VSO can assist you in gathering the necessary documentation. This can include medical records from the VA Hospital and a private physician's report, diagnostic tests, and other evidence that shows that you have a disabling illness and that your participation in Armed Forces caused or worsened it.

The next step is for VA to assess the evidence and determine your disability rating. This is done by using the schedule that was created by Congress which defines which disabilities are compensable and in what percentage.

If VA determines that you are eligible for disability benefits, they will notify you in writing of their decision. They'll also send all the necessary documents to Social Security. If they determine that you don't have a qualifying disability, the VSO returns the form and you are able to appeal the decision within a certain timeframe.

A VA lawyer in Kalamazoo can assist you in gathering the evidence you need to support your claim. In addition to medical documentation our veterans advocate can seek opinions from independent medical examiners and a statement from your VA treating physician on the impact of your disabilities on your life.

Meeting with a VSO

A VSO can help with a variety of programs, ranging from disability compensation. These include vocational rehabilitation and employment, home loan and group life insurance. They also can assist with medical benefits and burial benefits. They will review all of your service records, and medical records to figure out which federal programs you are eligible for and then 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 disability law firm, Servicemembers, and their families. They are authorized to represent a Veteran or a dependent who has a claim of any federal benefit.

When the VA has all of your evidence, they will review it and determine a disability rating according to the severity of your symptoms. A VSO will discuss your rating and other state benefits for which you could be eligible, with you after you have received a decision from the federal VA.

The VSO can assist you in requesting an appointment with the VA in the event you disagree with a decision by the federal VA. In the Appeals Modernization Act, there are three "lanes" available for an appeal such as a supplemental appeal, an upper-level review, or a notice of disagreement to the Board of veterans disability lawyer (Our Site) Appeals. A VSO will help you determine which appeal or review option is appropriate for your situation.

Appeals

The VA appeals process is lengthy and complicated. It could take a year or more to receive a decision, depending on the AMA route you choose and whether your case is eligible for priority processing. A veteran disability lawyer can assist you in determining the best route to take and can also file an official appeal on your behalf when required.

There are three options to appeal a denial of benefits to veterans, but each takes different amounts of time. A lawyer can assist you in deciding the best option for your 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 go directly to BVA, then you must submit Form 9 and wait for the regional office to transfer the file to the Board. The BVA will then issue a Statement of the Case (SOC). You can request an individual hearing before the BVA but it's not required.

A supplemental claim gives you the opportunity to present new and relevant evidence to the VA. This can include medical evidence and non-medical evidence such as lay statements. Lawyers can present these statements and get independent medical tests as well an expert's opinion from a vocational specialist on your behalf. If the BVA decides to deny your claim you can appeal to the Court of Appeals for Veterans Claims.