How to File a Veterans Disability Case

Many veterans have medical issues as they join the military, but don't reveal them or treat them. They believe that the issues will go away after a while or get better.

As the years go by and the conditions continue to worsen. Now they need VA assistance to obtain compensation. The VA does not believe the VA.

Getting Started

Many veterans wait years before submitting a disability claim. They might believe they are able to manage the issue or think it will go away by itself, without treatment. It is essential to file a claim as soon as the symptoms of disability become severe enough. If you intend to file a claim in the future and you are unsure of the procedure, let the VA know by submitting an intent to submit form. This will establish an earlier effective date, which makes it easier to claim back pay for the time you've already lost due to your disability.

It is essential to include all relevant proof when you submit your initial claim. This includes civilian medical clinic and hospital records regarding the illness or injuries you are planning to claim, as well as any military records that pertain to your service.

When the VA has received your claim, they will review it and gather additional evidence from you and your health care providers. Once they have the information they require, they will arrange for you to take an examination to determine your compensation and pension (C&P) to help them decide your rating.

This is best done in conjunction with the separation physical to ensure that your disability is categorized as service-connected even if the disability is not a percent. It will be easier to request an increase in your rating if your condition worsens.

Documentation

In order to obtain the benefits you are entitled to, it is essential that you give your VA disability lawyer with all of the relevant documentation. This can include medical records, service records and letters from friends, relatives or colleagues who understand how your disability affects you.

Your VSO can help you gather the necessary documentation. This may include medical records from the VA hospital and private physician's records diagnostic tests, and other evidence to show that you have a chronic condition that was caused by or worsened by your time in the Armed Forces.

VA will then review the evidence to determine your disability rating. This is accomplished using an approved schedule by Congress that specifies which disabilities are eligible to be compensated and in what percentage.

If VA determines that you have a qualifying disability, they will inform you of the decision in writing and then send the relevant documents to Social Security for processing. If they find that you do not have a qualifying disability then the VSO will return the documents to you and they will allow you to appeal the decision within a specified time.

A VA lawyer in Kalamazoo will assist you with gathering the evidence needed to support your claim. Our Veterans Disability Lawyer advocate can obtain medical records and opinions from independent medical examiners and also a statement from the VA treating physician regarding your condition.

Meeting with VSO VSO

A VSO can assist with a wide range of programs, beyond disability compensation. They offer vocational rehabilitation, employment, home loans and group life insurance. They can also help with medical benefits and burial benefits. They will review your medical and service records to determine what federal programs are available to you and fill the necessary 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 disability lawsuits, Servicemembers, and their families. They are authorized to represent the interests of a Veteran or a dependent with a claim of any federal benefit.

When the VA receives all the evidence, they'll review it, and assign an assessment of disability based on your severity of symptoms. A VSO will discuss your rating, and additional state benefits for which might be eligible with you when you receive a decision from the federal VA.

The VSO can help you request an hearing with the VA in the event that you are dissatisfied with a ruling of the federal VA. The Appeals Modernization Act provides three "lanes" to appeal. They include a supplementary claim, or a more thorough review or a written notice of disagreement to the Board of veterans disability law firm Appeals. A VSO can assist you in deciding which appeal/review options are best for your particular situation.

Appeals

The VA appeals process is complicated and long. Depending on the AMA option is selected and if your case qualifies to be processed with priority this could mean it takes an extended time to receive an answer. A veteran disability lawyer can assist you in determining the best way to proceed and can file a formal appeal on behalf of you if needed.

There are three ways to appeal the denial of veterans' benefits however each one requires an varying amount of time. A lawyer can assist you in deciding the best option for you and will explain the VA disability appeals process to help you are aware of what to expect.

If you prefer to bypass the DRO review and instead go directly to the BVA You must submit a Form 9 formal appeal and wait for your regional office to forward your file to the Board. The BVA will then issue an Statement of Case (SOC). You may request an individual hearing before the BVA but it's not mandatory.

A supplemental claim gives you the opportunity to provide new and relevant evidence to the VA. This can include medical evidence as well as non-medical evidence such as lay statements. A lawyer can submit these statements and request independent medical examinations as well as a vocational expert's recommendation on your behalf. If the BVA rejects your supplemental claim you can submit an appeal to the Court of Appeals for Veterans Claims.