How to File a Veterans Disability Case

Many veterans have medical problems when they enter the military, but they don't divulge them or treat them. They believe that the issues will go away after a while or get better.

As time passes, the problems become more severe. Now, they need help from the VA to receive compensation. The problem is that the VA won't accept their claims.

Getting Started

Many veterans are waiting for years before filing a claim. Many veterans disability lawyers wait for years before making a claim for disability. It is important to start the process as soon as the symptoms of disability get serious enough. If you intend to make a claim in the future then inform the VA know by submitting an intent to file form. This will allow for a later effective date, making it easier to recover your money for time you've missed due to your disability.

It is vital to provide all the relevant documentation when you submit your initial claim. You should include all medical records from civilian hospitals and clinics that pertain to the injuries or illnesses you plan to claim as well as military records.

When the VA has received your claim, they will examine it and gather additional evidence from you and your health care providers. Once they have the data they need, they will schedule you for an exam for compensation and pension (C&P) to determine your rating.

It is recommended to complete this as a part of your separation physical so that it is recorded as a service-connected disability, even if the rating is 0 percent. It is easier to request an increase in rating if your condition becomes worse.

Documentation

It is essential to provide all the necessary documentation to your VA disability lawyer in order to receive the benefits to which you are entitled. This may include medical records, service records and lay evidence such as letters from family members, friends members or colleagues who know how your disabilities affect you.

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

The next step is for VA to review the evidence and determine your disability rating. This is accomplished using an approved schedule by Congress that defines which disabilities can be compensated and at what percentage.

If VA determines that you qualify for disability benefits, they will inform you in writing of their decision. They will also send all the necessary documents to Social Security. If they decide that you do not have a qualifying disability and the VSO will return the form to you. they will allow you to appeal the decision within a certain time period.

A VA lawyer in Kalamazoo will assist you with gathering the evidence needed for your claim. Our veterans advocate can also obtain medical documentation and opinions from independent medical examiners, and a written statement from the VA treating physician about your disability.

Meeting with VSO VSO

A VSO can assist with a myriad of programs that go beyond disability compensation, such as vocational rehabilitation and employment, home loans and group life insurance, medical benefits as well as military burial benefits and many more. They will look over all of your documents from your military service, and medical information to find out which federal programs you are eligible for and complete the necessary paperwork required to apply.

Many accredited representatives work for VA-accredited/federally chartered veterans Disability law firms service organizations (VSOs), which are private non-profit groups that advocate on behalf of Veterans, Servicemembers, and their families. They are authorized to represent any Veteran or dependent who is an application for any federal benefit.

Once the VA has all the evidence, they will go through it and determine a disability classification in accordance with the severity of your symptoms. If you are granted a decision by the federal VA, you will be contacted by a VSO can discuss your ratings with you and any additional benefits from the state that you might be entitled to.

The VSO can also assist you to request an appointment 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" to appeal. They are a supplementary claim or a review at a higher level or a notification of disagreement to the Board of Veterans Appeals. A VSO will help you determine which appeal or review option is appropriate for your situation.

Appeal

The VA appeals process can be complex and long. It can take a time of up to a year before you receive a decision, depending on the AMA choice you make and if your case qualifies for priority processing. A veteran disability lawyer can assist you in determining the best path to follow and can also file an official appeal on your behalf when needed.

There are three options to appeal the denial of veterans' benefits, but each one takes the time in a different way. A lawyer can help you decide which one is right for your case and can explain the VA disability appeals process to help you know what you can expect.

If you wish to skip the DRO review and instead go directly to the BVA You must submit an appeal form 9 formal appeal and wait for your regional office to forward your appeal to the Board. The BVA will then issue an Statement of Case (SOC). You can request a private hearing before the BVA however it isn't required.

A supplemental claim gives you the opportunity to provide new and relevant evidence to the VA. This includes medical evidence, but also non-medical evidence, such as lay statements. A lawyer can submit these statements and get independent medical examinations aswell an opinion of a vocational expert on your behalf. If the BVA rejects your supplemental claim you may appeal to the Court of Appeals for Veterans Claims.