How to File a Veterans Disability Case

Many veterans disability lawyers enter military service with health issues that they don't report or treat. They believe that they will disappear or improve after a time.

As time passes, these problems continue to get worse. Now they need the VA's assistance to get compensation. The problem is that the VA won't accept their claims.

Getting Started

Many veterans wait for a long time before making a claim. They may feel they are able to manage the problem or that it will go away by itself, without treatment. It is crucial to file a claim when the symptoms of disability get severe enough. If you intend to submit a claim in the future then let the VA know by filing an intent to file form. This will help establish a earlier effective date, making it easier to get back money for the time you've already missed due to your disability.

When you file your initial claim, it is important to provide all evidence relevant. Include all medical records from civilian hospitals and clinics related to the illnesses or injuries you plan to claim as well as military documents.

The VA will examine your claim and request additional evidence from both you and your healthcare providers. Once they have the data they require, they will schedule you for an exam for compensation and pension (C&P) to determine your eligibility.

This must be done in tandem with the separation physical, to ensure that your condition is recorded as service-connected even if it is 0%. It will be easier to request an increase in your rating if your condition becomes worse.

Documentation

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

Your VSO can assist you with gathering the necessary documentation. This could include medical records from the VA hospital, private physician's reports, diagnostic tests and other evidence to prove that you have a chronic condition and that it was caused or worsened due to your service in the Armed Forces.

The next step is for VA to examine the evidence and determine your disability rating. This is done using a schedule created by Congress which specifies the types of disabilities that are eligible for compensation and in what percentage.

If VA finds that you have a qualifying disability, they will notify you of this decision in writing and then send the appropriate documents to Social Security for processing. If they decide that you do not have a qualifying impairment, the VSO returns the document to you and you may appeal the decision within a specified timeframe.

A VA attorney in Kalamazoo will assist you with gathering the evidence required for your claim. In addition to medical documentation, our veterans advocate can obtain opinions from independent medical examiners, as well as a statement from your VA treating physician regarding the impact of your disabilities on your daily life.

Meeting with VSO VSO

A VSO can help with a range of programs that go beyond disability compensation, such as vocational rehabilitation and employment home loans as well as group life insurance, medical benefits including military burial benefits and more. They will go over all of your records from service, and medical records to find out which federal programs you're qualified for and will 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, Servicemembers, and their families. They are authorized to represent any Veteran or dependent who is the claim of any federal benefit.

When the VA has all the evidence, they'll review it and assign a disability rating depending on the severity of your symptoms. A VSO can discuss your ratings as well as any other state benefits to which you could be eligible, with you once you receive an answer from the federal VA.

The VSO can also help you request an appointment with the VA to resolve an issue in case you disagree with a decision made by the federal VA. The Appeals Modernization Act provides three "lanes" for appeals. They include a supplementary claim or a review at a higher level or a written notice of disagreement to the Board of Veterans Appeals. A VSO will assist you in determining the best appeal or review option for your situation.

Appeals

The VA appeals process is complicated and lengthy. It could take up to a year or more to receive an answer, based on the AMA route you choose and if your case qualifies for priority processing. A veteran disability lawyer can help you determine the best path to follow and file a formal appeal on behalf of you if required.

There are three methods to appeal a veterans benefits denial however each one takes different amounts of time. A lawyer can help you determine which one is right for your case and can explain the VA disability appeals process to help you are aware of what to expect.

If you want to skip the DRO review in order for you to directly submit your case to BVA then you must fill out Form 9 and wait for the regional office to transfer the file to the Board. The BVA will issue a 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 present new and relevant evidence to the VA. This includes medical evidence, but also non-medical evidence such as declarations from laypeople. A lawyer can submit these statements and request independent medical examinations as well as a vocational expert's opinion on your behalf. If the BVA refuses your claim for supplemental benefits you may file an appeal to the Court of Appeals for veterans disability law firms Claims.