How to File a Veterans Disability Case

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

But years pass and those problems get worse. Now, they need help from the VA to get compensation. The problem is that the VA won't accept their claims.

Getting Started

Many veterans are waiting for years before filing a claim. They might think that they can deal with the problem or that it will disappear by itself, without treatment. This is why it is essential to initiate filing a claim as soon the disability symptoms become serious enough. If you're planning to make a claim in the future then let the VA know by submitting an intent to submit form. This will enable you to establish an earlier effective date and make it easier for you to receive your back pay.

When you file the initial claim, it is important to include all relevant evidence. This includes any medical clinics in the civilian sector and hospital records regarding the injuries or illnesses you're planning to claim as well as any military documents related to your service.

Once the VA receives your claim they will review it and collect additional evidence from you and your health care providers. Once they have all the data they require, they'll make an appointment with you to take the Compensation and Pension Exam (C&P) to determine your eligibility.

This should be done in conjunction with the separation physical to ensure that your disability is recorded as service-connected even if it's 0%. It will be easier to request an increase in rating if your condition gets worse.

Documentation

To get the benefits you are entitled to, it is vital that you give your VA disability lawyer with all relevant documentation. This can include medical documents, service records, and letters from relatives, friends or coworkers who know how your disability affects you.

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

VA will then examine the evidence to determine your disability rating. This is done by using a schedule created by Congress which defines the types of disabilities that are eligible for compensation and in what percentage.

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

A VA attorney in Kalamazoo can assist you in obtaining the evidence you need to support your claim. In addition, to medical documentation our veterans advocate can seek opinions from independent medical examiners and a statement from your VA treating physician on the impact of your disability on your daily life.

Meeting with VSO VSO

A VSO can help with a myriad of programs beyond disability compensation, such as vocational rehabilitation and employment such as home loans, group life insurance, medical benefits and military burial benefits and more. They will look over your medical and service records to determine what federal programs are available to you and then fill with the required forms.

Many accredited representatives work for VA-accredited/federally chartered pana 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 legally authorized to represent a Veteran or a dependent or survivor with a claim for any federal benefit.

When the VA receives all the evidence, they will go over it, and assign a rating of disability based on your severity of symptoms. A VSO will discuss your rating, and additional state benefits for which you could be eligible, with you when you receive a decision 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. In the Appeals Modernization Act, there are three "lanes" that can be used to appeal that includes a supplemental claim, a higher level review or an appeal to the Board of mcgregor veterans disability lawsuit Appeals. A VSO can assist you in deciding the best appeal/review option for your particular situation.

Appeal

The VA appeals process is complex and lengthy. Depending on the AMA option is selected and whether or not your case is eligible to be processed with priority or not, it could take some time to get an answer. An experienced disability attorney can help you decide the best route to take and file an appeal on your behalf if necessary.

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 particular situation, and explain the VA disability claims process so you are aware of what you can expect.

If you'd like to skip the DRO review in order to go directly to BVA, then you must complete Form 9 and wait for the regional office to forward the file to the Board. The BVA will issue a Statement Of Case (SOC). You can request a private hearing before the BVA however, it isn't required.

A supplemental claim provides you with the opportunity to provide fresh and relevant evidence for the VA. This can include medical evidence, but also non-medical proof like lay statements. A lawyer can make these statements and obtain independent medical examinations as well as a vocational expert's recommendation on your behalf. If the BVA rejects your supplemental claim you may appeal to the Court of Appeals for Veterans Claims.