How to File a Veterans Disability Case

Many veterans have medical issues after they join the military, but do not divulge them or treat them. They think that they'll disappear or improve after a time.

However, as time goes by, those problems become more severe. 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 wait years before submitting a disability claim. They may feel that they can manage the issue or think it will disappear by itself without treatment. This is why it is crucial to begin an application as soon as the symptoms of disability get serious enough. If you plan to pursue a claim in future and you are unsure of the procedure, let the VA know by filing an intent to submit form. This will enable you to establish an effective date that is more recent and will make it easier for you to claim your back pay.

It is important that you provide all the relevant documentation when you file your initial claim. Include all medical records from civilian hospitals and clinics that pertain to the ailments or injuries you plan to claim and military records.

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

It is recommended to do this as a part of your separation physical to ensure it is recognized as a service-connected disability even when the rating is zero%. This will make it easier to request an increase in your rating in the event that your condition gets worse.

Documentation

It is crucial to provide all the necessary documentation to your VA disability lawyer in order to get the benefits to which you are entitled. This could include medical records, service records and even lay evidence, such as letters from family, friends members, or coworkers who understand how your disabilities affect you.

Your VSO can help you gather the necessary documentation. This may include medical records from the VA hospital and private physician's records diagnostic tests, and other evidence to prove that you have a chronic condition that was caused or made worse due to your service in the Armed Forces.

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

If VA determines that you qualify for disability benefits, they will notify you in writing of their decision. They'll also send all relevant documents to Social Security. If they determine that you don't have a qualifying disability, the VSO returns the document to you and you may appeal the decision within a specific timeframe.

A VA lawyer can assist you to find evidence to support your claim. Our brigham city veterans disability lawsuit advocate can get medical documents and opinions from independent medical examiners, as well as a letter from the VA treating physician regarding your disability.

Meeting with a VSO

A VSO can assist with a variety of programs that go beyond disability compensation, such as vocational rehabilitation and employment such as home loans, group life insurance, medical benefits as well as military burial benefits and more. They will look over all of your service records, and medical information, to find out which federal programs you're eligible for and then complete 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 legally able to represent any Veteran or their dependents or survivors with a claim for any federal benefit.

When the VA receives all of your evidence, they will examine it, and then assign an assessment of disability according to the severity of your symptoms. A VSO can discuss your ratings and other state benefits, for which you could be eligible, with you after you have received a decision from the federal VA.

The VSO can help you request an appointment with the VA if you disagreed with a ruling of the federal VA. The Appeals Modernization Act provides three "lanes" for appeals. They are a supplementary claim or a review at a higher level, or a notice of disagreement to the Board of claremont veterans disability law firm Appeals. A VSO can help you decide which appeal or review option is best for your particular situation.

Appeal

The VA appeals process can be complicated and lengthy. It can take a year or more to receive an answer, based on the AMA choice you make and if your case qualifies for priority processing. An experienced disability attorney can help you decide the best path to take and can file an appeal on your behalf if required.

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

If you wish to bypass the DRO review for you to directly submit your case to BVA the Board, you must complete Form 9 and wait for the regional office to forward 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's not required.

A supplemental claim gives you the opportunity to provide fresh and relevant evidence to the VA. This can include medical evidence, but also non-medical evidence such as statements made by laypeople. A lawyer can make these statements and request independent medical tests as well an expert's opinion from a vocational specialist on your behalf. If the BVA decides to deny your claim you can appeal to the Court of Appeals for Veterans Claims.