How to File a Veterans Disability Case

Many veterans join military service with medical issues that they don't report or treat. They think they'll be cured or disappear after a while.

As time passes, these problems get worse. Now they require help from the VA to receive compensation. The problem is that the VA isn't going to believe them.

Getting Started

Many veterans wait years before filing a claim for disability. Many veterans wait for years before making a claim for disability. Therefore, it is essential to initiate the process as soon as the disability symptoms become serious enough. Let the VA be aware if you are planning to make a claim at later time by submitting an intention to file. This will allow you to establish a more recent effective date and make it easier to claim your back pay.

It is vital to include all relevant proof when you file your initial claim. Include all medical records from civilian clinics and hospitals pertaining to the ailments or injuries you are planning to claim and military documents.

The VA will review your claim and collect 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 the Compensation and Pension Exam (C&P) in order to determine your rating.

It is recommended to complete this prior to your separation physical to ensure it is recorded as a service-connected disability even in the event that the rating is 0 percent. It is easier to ask for an increase in your rating if your condition gets worse.

Documentation

To receive the benefits you are entitled to, it's essential that you provide your VA disability lawyer with all of the relevant documents. This could include your service records, medical documentation and lay evidence such as letters from family members, friends members, or coworkers who understand how your disabilities affect you.

Your VSO can help you gather the necessary 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 that was caused by or worsened due to your service in the Armed Forces.

VA will then examine the evidence to determine your disability rating. This is done using the schedule created by Congress that designates which disabilities are eligible for compensation and in what percentage.

If VA decides that you are eligible for disability benefits, they will notify you in writing of their decision. They will also send all the necessary documents to Social Security. If they decide 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 lawyer in Kalamazoo can help you gather the evidence required for your claim. In addition, to medical documentation our veterans advocate will get opinions from independent medical examiners as well as a statement from your VA treating physician regarding the impact of your disability on your daily life.

Meeting with a VSO

A VSO can help with a myriad of programs, ranging from 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 go over all of your documents from your military service, and medical information, to find out what federal programs you're eligible for and to fill out the necessary paperwork required 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 lawyers, Servicemembers, and their families. They are authorized to represent any Veteran or dependent who is an application for any federal benefit.

After the VA receives all your evidence, they'll review it, and assign the disability rating according to the severity of your symptoms. When you are given a determination by the federal VA, you will be contacted by a VSO can discuss with you the ratings and any other state benefits you might be entitled to.

The VSO can help you request an interview with the VA when you disagree with a decision made by the federal VA. Under the Appeals Modernization Act, there are three "lanes" available for an appeal which include a supplemental claim an upper-level review, or a Notice of Disagreement to the Board of Veterans Appeals. A VSO will assist you in determining which appeal/review option is best for your particular situation.

Appeal

The VA appeals process can be complicated and time-consuming. Based on which AMA choice is made and if your case qualifies to be handled in a priority manner and it could take several months to receive a final decision. An experienced disability attorney can assist you in determining the best path to take and make an appeal on your behalf if necessary.

There are three methods to appeal a denial of veterans benefits however each one takes different amounts of time. A lawyer can assist you in deciding which one is appropriate for your case and can explain the VA disability appeals procedure so that you know what to expect.

If you decide 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 in your area to transfer your case to the Board. The BVA will then issue an Statement of Case (SOC). You can request a personal hearing before the BVA however, it isn't required.

A supplemental claim provides an opportunity to provide new and relevant evidence to the VA. This can include medical evidence and non-medical evidence such as lay statements. An attorney can submit these statements on behalf of you and also get independent medical examinations and a vocational expert opinion. If the BVA refuses your claim for supplemental benefits you can submit an appeal to the Court of Appeals for Veterans Claims.