How to File a Veterans Disability Case

Many veterans join military service with medical issues that they do not report or treat. They believe that they will be cured or disappear after a while.

As time passes, the problems become more severe. Now they need the VA's assistance to obtain compensation. The problem is that the VA won't accept their claims.

Getting Started

Many veterans are waiting for years before filing a claim for disability. They may feel they are able to manage the issue or believe that it will disappear by itself, without treatment. Therefore, it is important to start an application as soon as the symptoms of disability get serious enough. If you're planning to submit a claim in the future you should inform the VA know by submitting an intent to file form. This will enable you to establish an earlier effective date and will make it easier for you to claim your back pay.

When you file the initial claim, you need to include all relevant evidence. You should include all medical records from clinics and hospitals pertaining to the injuries or illnesses you plan to claim as well as military records.

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

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 percent. This will make it much easier to apply for an increase in rating later on should your condition get worse.

Documentation

To get the benefits you are entitled to, it is crucial to give your VA disability lawyer with all relevant documentation. This could include medical documents, service records, and letters from family members, friends or coworkers who are aware of the impact of your disability on you.

Your VSO can help you gather the necessary documentation. This could include medical records from the VA Hospital or a private doctor's report or diagnostic tests, and other evidence that shows that you are suffering from a condition that is disabling and that your service in the Armed Forces caused or worsened it.

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

If VA determines that you are suffering from a qualifying disability, they will inform you of this decision in writing, and then send the relevant documents to Social Security for processing. If they decide that you don't have a qualifying disability and the VSO will return the form to you. they will allow you to appeal the decision within a specified time.

A VA attorney in Kalamazoo can assist you in obtaining the evidence needed for your claim. Our wolverine lake veterans disability law firm advocate can collect medical documentation and opinions from independent medical examiners, as well as a letter from the VA treating doctor regarding your condition.

Meeting with VSO VSO

A VSO can assist with a myriad of programs that go beyond disability compensation. These include vocational rehabilitation and employment, home loan and group life insurance. They can also help with medical benefits and military burial benefits. They will look over your medical 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 a dependent who has the claim of any federal benefit.

After the VA has all your evidence, they'll review it and determine a disability classification depending on the severity of your symptoms. A VSO can discuss your ratings as well as any other state benefits, for which you may be eligible, with you after you have received an answer from the federal VA.

The VSO can also help you request a hearing with the VA to resolve an issue in the event that you do not agree with a ruling made by the federal VA. Under the Appeals Modernization Act, there are three "lanes" available for an appeal that includes a supplemental claim, an additional level review or a Notice of Disagreement with the Board of Veterans Appeals. A VSO can help you decide which appeal or review option is best for your situation.

Appeal

The VA appeals process is lengthy and complicated. It could take up to a time of up to a year before you receive a decision, based on the AMA option you select and whether your case is eligible for priority processing. An experienced disability attorney can assist you in determining the best way to proceed and can make an appeal on your behalf if necessary.

There are three options to appeal the denial of benefits to fort Scott veterans disability attorney, but each one takes a different amount of time. A lawyer can help you decide the best option for your case, and explain the VA disability claims process so you are aware of what to expect.

If you decide to forgo the DRO review and go directly to the BVA you must file an appeal form 9 formal appeal and wait for the regional office of your region to transfer your file to the Board. The BVA will issue a Statement Of Case (SOC). You can request a private hearing before the BVA however it's not required.

A supplemental claim gives you the chance to present new and relevant evidence to the VA. This could include medical evidence as well as non-medical evidence such as lay assertions. An attorney is able to submit these statements on behalf of you and also get independent medical examinations and a vocational expert opinion. If the BVA denies your supplemental claim, you can submit an appeal to the Court of Appeals for Veterans Claims.