How to File a Veterans Disability Case

Many veterans have medical issues when they join the military, but do not reveal them or treat them. They figure they will go away or get better after a while.

However, as time goes by, those problems get worse. Now they need VA assistance to obtain compensation. The problem is that the VA won't believe them.

Getting Started

Many veterans disability law firm are waiting for years before filing a claim for disability. Many veterans wait years before filing a disability claim. It is essential to file a claim when the symptoms of disability become severe enough. If you are planning to pursue a claim in future, let the VA know by filing an intent to submit form. This will help establish a earlier effective date, which makes it easier to get back payment for time that you've been denied due to your disability.

It is crucial to include all relevant evidence when you file your initial claim. This includes any medical clinics in the civilian sector and hospital records regarding the illnesses or injuries you are planning to claim, as well any military records pertaining to your service.

The VA will examine your claim and gather 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 eligibility.

It is recommended to complete this in conjunction with your separation physical so that it is recorded as a disability that is service-connected, even if the rating is 0 percent. This will make it much simpler to obtain an increased rating later when your condition becomes worse.

Documentation

In order to obtain the benefits you are entitled to, it's essential that you provide your VA disability lawyer with all of the relevant documentation. This could include your medical records, service records and even lay evidence, such as letters from family, friends members or coworkers who know how your disabilities affect you.

Your VSO can assist you with gathering the necessary documentation. This can include medical records from the VA Hospital as well as a private physician's note and diagnostic tests, as well as other evidence that proves that you are suffering from a condition that is disabling and that your time in the Armed Forces caused or worsened it.

VA will then review the evidence to determine your disability rating. This is done with an established schedule by Congress that defines which disabilities are compensable and in what percentage.

If VA determines that you are eligible for disability benefits, they will notify you in writing of their decision. They will also send all the necessary documents to Social Security. If they determine that you don't have a qualifying disability and the VSO will return the documents to you and you can appeal this decision within a certain time period.

A VA lawyer in Kalamazoo can assist you in gathering the evidence needed for your claim. In addition, to medical documentation our veterans advocate can get 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 VSO VSO

A VSO can help with a variety of programs that go beyond disability compensation. These include vocational rehabilitation employment, home loans, and group life insurance. They can also help with medical benefits and burial benefits. They will look over all of your service records, and medical records to find out which federal programs you're eligible for and to fill out the required 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 by law to represent the interests of a Veteran or a dependent or survivor who has a claim to any federal benefit.

Once the VA has all the evidence, they'll review it and determine a disability classification based on the severity of your symptoms. Once you receive a decision by the federal VA, an VSO will be able to discuss with you your ratings and any additional state benefits that you might be entitled to.

The VSO can also help you request a hearing with the VA to resolve a problem in case you disagree with a decision of the federal VA. The Appeals Modernization Act provides three "lanes" for an appeal. These are a supplemental claim, or a more thorough review or a notice of disagreement to the Board of Veterans Appeals. A VSO can help you decide which appeal or review option is best for your particular situation.

Appeal

The VA appeals process is complex and long. It could take a full one year or more to get an answer, based on the AMA choice you make and if your case is eligible for priority processing. A veteran disability lawyer can assist you in determining the best path to follow and may file a formal appeal on behalf of you if needed.

There are three methods to appeal a denial of benefits to veterans However, each requires different amounts of time. A lawyer can help you determine which one is appropriate for your case and can explain the VA disability appeals process so that you know what to expect.

If you'd like to skip the DRO review to go directly to BVA the BVA, then complete Form 9 and wait for the regional office to transfer the file to the Board. The BVA will then issue an 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 provide new and relevant evidence to the VA. This can include medical evidence, but also non-medical evidence, such as declarations from laypeople. A lawyer can submit these statements and obtain independent medical exams as well an opinion of a vocational expert on your behalf. If the BVA declines your supplemental claim you may file an appeal to the Court of Appeals for Veterans Claims.