How to File a Veterans Disability Case

Many veterans go into military service suffering from medical conditions that they don't seek out or treat. They think that the problems will go away after a while or get better.

As the years go by as time passes, the issues continue to get worse. Now they need VA assistance to receive compensation. The VA does not believe in the VA.

Getting Started

Many veterans have to wait for years before filing an claim. They may believe they are able to manage the problem or that it will go away by itself if they don't seek treatment. This is why it is crucial to begin a claim as soon as the symptoms of disability become severe enough. Let the VA know if you intend to file your claim at an earlier date by submitting an intent to file. This will help you establish an earlier effective date and will make it easier for you to claim your back pay.

When you file your initial claim, it is important to provide all evidence relevant. You must 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 gather additional evidence from you and your healthcare providers. Once they have the information they require, they will arrange for you to take an exam for compensation and pension (C&P) to determine your eligibility.

It is best to do this in conjunction with your separation physical to ensure that it is recognized as a disability resulting from service, even in the event that the rating is 0%. It will be much easier to request an increase in rating should your condition gets worse.

Documentation

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

Your VSO can assist you in obtaining the required documentation. This can include medical records from the VA Hospital and a private physician's report as well as diagnostic tests and other evidence to prove that you have a debilitating illness and that your participation in Armed Forces caused or worsened it.

The next step is for VA to assess the evidence and determine your disability rating. This is done by using the schedule that was created by Congress which specifies which disabilities are compensable and in what percentage.

If VA decides that you are eligible for disability benefits, they will inform you in writing of their decision and send all the relevant documents to Social Security. If they determine that you don't have a qualifying disability then the VSO will return the form to you. the decision is yours to appeal within a specific time.

A VA attorney in Kalamazoo can assist you in gathering the evidence required for your claim. Our veterans disability advocate can also get medical documents and opinions from independent medical examiners, as well as a letter from the VA treating physician about your disability.

Meeting with a VSO

A VSO can help with a wide range of programs, ranging from disability compensation. These include vocational rehabilitation as well as employment, home loans and group life insurance. They can also assist with medical benefits and military burial benefits. They will look over all of your documents from your military service, and medical information, to find out the federal programs you're eligible for and then complete the necessary paperwork 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 the interests of a Veteran or a dependent who has a claim of any federal benefit.

After the VA has all your evidence, they will evaluate it and determine a disability classification according to the severity of your symptoms. A VSO will discuss your rating as well as any other state benefits for which you might be eligible with you after you have received an answer from the federal VA.

The VSO can help you request an appeal to the VA in the event that you are dissatisfied with a ruling of the federal VA. The Appeals Modernization Act provides three "lanes" for an appeal. They are a supplementary claim or a higher-level review or a written notice of disagreement to the Board of Veterans Appeals. A VSO will assist you in determining which appeal or review option is appropriate for your particular situation.

Appeal

The VA appeals process can be complex and time-consuming. It could take up to a one year or more to get an answer, based on the AMA route you choose and if your case qualifies for priority processing. A veteran disability lawyer can assist you in determining the best route to take and can file a formal appeal on behalf of you if required.

There are three different ways to appeal a denial of veterans benefits however each one takes different amounts of time. A lawyer can assist you in deciding the best option for your case, and also explain the VA disability claims process so you know what you can expect.

If you want to forgo the DRO review and go directly to the BVA, you must submit an appeal form 9 formal appeal and wait for your regional office to forward your case to the Board. The BVA will issue a Statement Of Case (SOC). You can request a private hearing before the BVA, but it isn't required.

A supplemental claim provides an chance to present new and relevant evidence to the VA. This can include medical evidence and non-medical evidence such as lay assertions. An attorney can present these statements on your behalf and also get independent medical exams and a vocational expert's opinion. If the BVA decides to deny your claim you may appeal to the Court of Appeals for Veterans Claims.