How to File a Veterans Disability Case

Many veterans who join the military with medical problems which they don't report or treat. They think that they'll go away or Veterans Disability lawyer get better after a time.

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

Getting Started

Many veterans wait for a long time before filing a claim. Many veterans wait years before filing a disability claim. It is essential to file a claim as soon as the symptoms of disability are severe enough. If you intend to make a claim in the future, inform the VA know by filing an intent to file form. This will help establish a earlier effective date, which makes it easier to claim back money for the time you've missed out on because of your disability.

It is essential to provide all the relevant documentation when you submit your initial claim. You must include all medical records from hospitals and clinics that pertain to the injuries or illnesses you are planning to claim and military documents.

The VA will review your claim and collect additional evidence from both you and your healthcare providers. Once they have all of the information they require, they will set up an appointment to take the Compensation and Pension Exam (C&P) to determine your rating.

It is recommended to complete this prior to your separation physical to ensure it is recorded as a disability resulting from service, even when the rating is only 0%. It will be much easier to ask for an increase in your rating if your condition worsens.

Documentation

It is vital that you provide all the necessary documentation to your VA disability lawyer to ensure that you receive the benefits to which you are entitled. This could include medical documents, service records as well as letters from friends, relatives or coworkers who are aware of how your disability affects you.

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

VA will then evaluate the evidence to determine your disability rating. This is done using a schedule drafted by Congress which defines the types of disabilities that are eligible for compensation and in what percentage.

If VA finds that you suffer from a qualifying disability, they will notify you of the decision in writing and send the appropriate documents to Social Security for processing. If they decide that you do not have a qualifying disability and the VSO will return the document to you and the decision is yours to appeal within a set time.

A VA attorney in Kalamazoo can help you gather the evidence required for your claim. In addition to medical evidence, our veterans disability law firm advocate can get opinions from independent medical examiners, as well as a statement from your VA treating physician regarding the impact of your disability on your life.

Meeting with VSO VSO

A VSO can help with a variety of programs, ranging from disability compensation. These include vocational rehabilitation, employment, home loans and group life insurance. They can also assist with medical benefits and military burial benefits. They will examine your medical records and service records to determine what federal programs are available to you. They will also fill with the required forms.

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 dependent who is the claim of any federal benefit.

When the VA receives all of your evidence, they'll review it, and then assign an assessment of disability based on your severity of symptoms. After you have been given a decision by the federal VA, the VSO can discuss with you the ratings and any additional benefits from the state that you might be entitled to.

The VSO can also help you request an appeal to the VA to resolve a problem in the event that you do not agree with a decision taken by the federal VA. Under the Appeals Modernization Act, there are three "lanes" that can be used to appeal which include a supplemental claim a higher level review or an appeal to the Board of Veterans Appeals. A VSO can assist you in determining which appeal/review option is best for your situation.

Appeal

The VA appeals process can be complex and time-consuming. Depending on which AMA option is selected and if your case is eligible to be treated with priority, it can take a long time to receive a final decision. An experienced disability attorney can assist you in determining the best way to proceed and make an appeal on your behalf if necessary.

There are three different ways to appeal a Veterans Benefits denial, veterans disability lawyer but each takes different amounts of time. A lawyer can assist you in deciding which one is right for your case and can explain the VA disability appeals process so that you know what you can expect.

If you decide to forgo the DRO review and go directly to the BVA, you must submit an appeal form 9 formal appeal and wait for the regional office in your area to transfer your file to the Board. The BVA will then issue an Statement of Case (SOC). You can request an individual hearing before the BVA but it's not required.

A supplemental claim provides an opportunity to present fresh and relevant evidence to the VA. This could include medical evidence however, it can also include non-medical proof like lay statements. Lawyers can present these statements and get independent medical exams as well an opinion of a vocational expert on your behalf. If the BVA denies your claim, you can appeal to the Court of Appeals for Veterans Disability Lawyer Claims.