How to File a Veterans Disability Case

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

As time passes, the problems get worse. Now, they require the VA's help to get compensation. The problem is that the VA won't believe them.

Getting Started

Many veterans wait for a long time before making an claim. Many veterans wait years before making a claim for disability. Therefore, it is essential to initiate a claim as soon as the symptoms of disability become serious enough. If you plan to make a claim in the future you should inform the VA know by submitting an intent to submit form. This will allow you to establish a more recent effective date and will make it easier to receive your back pay.

It is crucial to include all relevant proof when you submit your initial claim. This includes civilian medical clinic and hospital records related to the injuries or illnesses you are planning to claim, as well any military documents related to your service.

Once the VA has received your claim, they will review it and seek additional evidence from you and your health care providers. Once they have the information they need, they will schedule you for an examination to determine your compensation and pension (C&P) to determine your rating.

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

Documentation

It is vital that you supply 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 records, service records and letters from family members, friends or coworkers who are aware of how your disability affects you.

Your VSO can assist you in gathering the necessary documentation. This could include medical records from the VA Hospital and a private physician's report or diagnostic tests, and other evidence that proves you have a debilitating illness and that your service in Armed Forces caused or worsened it.

The next step is for VA to examine the evidence and determine your disability rating. This is done by using an approved schedule by Congress that designates which disabilities are eligible for compensation and at what percentage.

If VA finds that you have 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 determine that you don't have a qualifying disability and the VSO will return the document to you, and they will allow you to appeal the decision within a set time.

A VA lawyer in Kalamazoo can help you gather the evidence needed 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 doctor on the impact of your disabilities on your life.

Meeting with a VSO

A VSO can help with a myriad of programs, which extend beyond disability compensation. They can help with vocational rehabilitation and employment, home loan and group life insurance. They can also help with medical benefits and military burial benefits. They will examine your medical records and service records to determine the federal programs accessible to you, and fill in the required 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 law firm, Servicemembers, and their families. They are authorized to represent a Veteran or dependent with an application for any federal benefit.

Once the VA receives all your evidence they will review it, and assign an assessment of disability depending on the severity of your symptoms. If you are granted a decision by the federal VA, you will be contacted by a VSO will be able to discuss with you the ratings and any other state benefits you might be entitled to.

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. The Appeals Modernization Act provides three "lanes" for an appeal. They include a supplementary claim, or a more thorough review or a notice of disagreement to the Board of veterans Disability Lawyer Appeals. A VSO can assist you in deciding the best appeal/review option for your situation.

Appeals

The VA appeals process can be complicated and time-consuming. Depending on which AMA lane is chosen and if your case is handled in a priority manner and it could take some time to get the final decision. A veteran disability attorney can help you decide the best route to take and make an appeal on your behalf, if needed.

There are three methods to appeal a veterans benefits denial, but each takes different amount of time. A lawyer can assist you in deciding which one is the most appropriate for your situation and also explain the VA disability claims process to help you understand what you can expect.

If you'd like to skip the DRO review in order to directly go to BVA the Board, 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 isn't mandatory.

A supplemental claim gives you the opportunity to present new and relevant evidence to the VA. This can include medical evidence as well as non-medical evidence like lay statements. A lawyer can make these statements and get independent medical exams as well as a vocational expert's recommendation on your behalf. If the BVA decides to deny your claim you can appeal to the Court of Appeals for Veterans Claims.