How to File a Veterans Disability Case

Many Veterans Disability Lawyer have medical problems when they join the military, but they do not declare them or address them. They believe that they will go away or get better after a time.

But as time passes, the problems get worse. Now they need the VA's help to get compensation. The problem is that the VA isn't going to believe them.

Getting Started

Many veterans disability law firms are waiting for years before filing a claim for disability. They might think that they can manage the problem or that it will disappear by itself without treatment. Therefore, it is essential to initiate the process as soon as the symptoms of disability become serious enough. If you're planning to pursue a claim in future, inform the VA know by filing an intent to file form. This will help establish a earlier effective date, making it easier to receive payment for time that you have already missed due to your disability.

It is vital to provide all the relevant documentation when you submit your initial claim. You should include all medical records from clinics and hospitals pertaining to the injuries or illnesses you intend to claim, and military documents.

Once the VA accepts your claim they will review it and collect additional evidence from you and your health medical professionals. Once they have the information they need, they will arrange for you to take an exam for compensation and pension (C&P) to help them decide your rating.

It is recommended to do this in parallel with your separation physical, so that it is recorded as a disability resulting from service, even when the rating is only 0 percent. It is much easier to ask for an increase in rating in the event that your condition becomes worse.

Documentation

To get the benefits you are entitled to, it is essential that you give your VA disability lawyer with all relevant documentation. This could include medical records, service records and letters from relatives, friends or coworkers that know how your disability affects you.

Your VSO can assist you in gathering the necessary documentation. This could include medical records from the VA Hospital, private physician's report as well as diagnostic tests and other evidence that proves that you suffer from a chronic illness and that your time in the Armed Forces caused or worsened it.

VA will then examine the evidence to determine your disability rating. This is accomplished using a schedule drafted by Congress that specifies which disabilities can be compensated and in what percentage.

If VA decides that you are eligible for disability benefits, they will inform you in writing of their decision and forward all the necessary documents to Social Security. If they conclude that you do not have a qualifying disability and the VSO will return the form to you. you can appeal this decision within a set time.

A VA attorney in Kalamazoo can help you gather the evidence required for your claim. Our veterans advocate can also obtain medical documentation and opinions from independent medical examiners as well as a statement from the VA treating doctor about your condition.

Meeting with a VSO

A VSO can help with a wide range of programs beyond disability compensation, such as vocational rehabilitation and employment such as home loans, group life insurance medical benefits and military burial benefits and more. They will examine your medical and service records to determine what federal programs are available to you. They will also fill out the required paperwork.

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 the interests of a Veteran or a dependent with claims for any federal benefit.

When the VA has received all of your evidence, they'll review it, and then give you a rating of disability in accordance with the severity of your symptoms. A VSO will discuss your rating and any additional state benefits, for which you could be eligible, after you have received a decision from the federal VA.

The VSO can also assist you to request a hearing with the VA to resolve a problem if you disagree with a decision made by the federal VA. The Appeals Modernization Act provides three "lanes" for an appeal. They are a supplementary claim, or a more thorough review or a notice of disagreement to the Board of Veterans Appeals. A VSO can assist you in determining which appeal or review option is the most appropriate for your situation.

Appeal

The VA appeals process is complicated and lengthy. Depending on the AMA choice is made and if your case is eligible to be treated with priority or not, it could take a long time to receive an answer. An experienced disability attorney can help you decide the best course of action and can file an appeal on your behalf if necessary.

There are three methods to appeal a denial of veterans benefits Each one requires different amount of time. A lawyer can help you decide which option is best for your situation and explain the VA disability appeals process so that you understand what to expect.

If you wish to bypass the DRO review in order to go directly to BVA the Board, you must fill out Form 9 and wait for the regional office to forward the file to the Board. The BVA will then issue a Statement of the Case (SOC). You can request a private hearing before the BVA however, it is not mandatory.

A supplemental claim gives you the opportunity to provide new and relevant evidence to the VA. This can include medical evidence and non-medical evidence like lay statements. A lawyer can make 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.