How to File a Veterans Disability Case

Many veterans suffer from medical issues after they join the military, but they don't disclose them or treat them. They think that they'll disappear or improve after a while.

As the years go by and the conditions continue to worsen. Now they need VA help to get compensation. The VA doesn't believe the VA.

Getting Started

Many veterans have to wait for years before filing a claim for disability. They might believe they are able to manage the issue or believe that it will go away by itself, without treatment. Therefore, it is important to start filing a claim as soon the disability symptoms become serious enough. Let the VA know if you plan to file a claim at an earlier date by submitting an intent to file. This will allow you to determine a more recent effective date and will make it easier to claim your back pay.

When you file your initial claim, you need to provide all evidence relevant. You must include all medical records from civilian hospitals and clinics related to the ailments or injuries you're planning to file a claim for, as well as military documents.

The VA will review your claim and collect additional evidence from you and your healthcare providers. Once they have all the data they require, they will arrange an appointment for you to take an examination called a Compensation and Pension (C&P) to determine your rating.

This should be done in parallel with the separation physical to ensure that your condition is recognized as service-connected even if the disability is not a%. It will be much easier to request an increase in rating should your condition becomes worse.

Documentation

It is important that you submit all the documentation required to your VA disability lawyer to ensure that you receive the benefits to which you are entitled. This can include service records, medical documentation and other evidence of a lay nature, such as letters from friends, family members, or colleagues who understand how your disabilities affect you.

Your VSO can assist you in obtaining the required documentation. This can include medical records from the VA Hospital or a private doctor's report as well as diagnostic tests and other evidence that proves that you suffer from a chronic illness and that your service in Armed Forces caused or worsened it.

VA will then evaluate the evidence to 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 at what percentage.

If VA finds that you have a qualifying disability, they will notify you of the decision in writing and send the appropriate documents to Social Security for processing. If they conclude that you do not have a qualifying impairment then the VSO returns the form and you are able to appeal the decision within a specified time frame.

A VA attorney in Kalamazoo will assist you with gathering the evidence needed for your claim. In addition, to medical documentation our sturgis veterans disability law firm advocate will get opinions from independent medical examiners and a letter from your VA treating physician on the impact of your disabilities on your life.

Meeting with a VSO

A VSO can assist with a myriad of programs beyond disability compensation, such as vocational rehabilitation and employment such as home loans, group life insurance medical benefits including military burial benefits and more. They will go over all of your service records, and medical information to find out what federal programs you're eligible for and complete the required paperwork for you to apply.

Many accredited representatives work for VA-accredited/federally chartered benicia veterans disability law firm 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 an application for any federal benefit.

When the VA has all your evidence, they'll review it and assign a disability rating according to the severity of your symptoms. After you have been given a decision by the federal VA, a VSO will discuss with you your ratings and any additional benefits from the state that you may be entitled to.

The VSO can help you request an appeal to the VA if you disagreed with a ruling of the federal VA. In the Appeals Modernization Act, there are three "lanes" available for an appeal such as a supplemental appeal, higher-level review or a notice of disagreement to the Board of Veterans Appeals. A VSO can assist you in deciding which appeal or review option is best for your particular situation.

Appeal

The VA appeals process can be complicated and lengthy. It could take a full year or longer to receive the outcome, depending on the AMA lane you choose and if your case qualifies for priority processing. A veteran disability lawyer can assist you in determining the best course of action and make an appeal on your behalf if necessary.

There are three options for appealing the denial of benefits to veterans, but each one takes an varying amount of time. A lawyer can assist you in deciding which one is right for you. They can also explain the VA disability appeals process so that you are aware of what to expect.

If you decide to forgo the DRO review and instead go directly to the BVA you must file a Form 9 formal appeal and wait for your regional office to forward your file to the Board. The BVA will then issue a Statement of the Case (SOC). You can request a personal hearing before the BVA but it is not required.

A supplemental claim provides an opportunity to provide new and relevant evidence to the VA. This can include medical evidence and non-medical evidence such as lay assertions. An attorney can make these statements on your behalf and also obtain independent medical examinations and a vocational expert opinion. If the BVA declines your supplemental claim, you can submit an appeal to the Court of Appeals for Veterans Claims.