How to File a Veterans Disability Case

Many veterans disability attorney have medical issues when they join the military, but don't divulge them or treat them. They think that they'll disappear or improve after a time.

As the years go by as time passes, the issues continue to get worse. They now require assistance from the VA to get compensation. The problem is that the VA won't accept their claims.

Getting Started

Many veterans have to wait for years before filing a claim. Many veterans are waiting for years before making a claim for disability. It is crucial to file the process as soon as the symptoms of disability become serious enough. Let the VA know that you intend to make a claim at a later date by submitting an intention to file. This will allow for a later effective date, which will make it easier to receive pay for the time you've already been denied due to your disability.

When you file the initial claim, it's important to provide all evidence relevant. Include all medical records from clinics and hospitals pertaining to the injuries or illnesses you intend to claim, as well as military documents.

The VA will review your claim and collect additional evidence from both you and your healthcare providers. Once they have all the information they require, they'll make an appointment with you to take an exam for Compensation and Pension (C&P) to determine your eligibility.

It is recommended to do this in parallel with your separation physical to ensure it is recognized as a service-connected disability, even when the rating is only 0%. This will make it much simpler to obtain an increased rating in the future should your condition get worse.

Documentation

To be able to claim the benefits you are entitled to, it is crucial that you give your VA disability lawyer with all relevant documentation. This could include service records, medical documentation and lay evidence like letters from friends, family members or colleagues who know how your disabilities affect you.

Your VSO can assist you with gathering the necessary documentation. This could include medical records from the VA hospital, private physician's reports or diagnostic tests as well as other evidence to prove that you suffer from a disabling condition and that it was caused by or made worse by your time in the Armed Forces.

VA will then examine the evidence to determine your disability rating. This is accomplished using the schedule created by Congress that specifies which disabilities 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 send the relevant documents to Social Security for processing. If they conclude that you don't have a qualifying impairment and the VSO returns the form and you are able to appeal the decision within a specified period of time.

A VA lawyer in Kalamazoo can assist you in obtaining the evidence needed to support your claim. In addition to medical documentation, our veterans advocate can get opinions from independent medical examiners, as well as an opinion from your VA treating doctor on the impact of your disability on your life.

Meeting with a VSO

A VSO can assist with a variety of programs, beyond disability compensation. These include vocational rehabilitation and employment, home loan and group life insurance. They also can assist with medical benefits and military burial benefits. They will go through your medical and service records to determine what federal programs are accessible to you, and fill with the required forms.

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 to represent a Veteran or Veterans Disability dependent who is an application for any federal benefit.

After the VA has all of your evidence, they'll review it and determine a disability classification depending on the severity of your symptoms. After you have been given a decision by the federal VA, you will be contacted by a VSO can discuss with you the ratings and any additional benefits from the state that you might be entitled to.

The VSO can also help you request an hearing with the VA to resolve an issue 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 veterans disability a review at a higher level, or a notice of disagreement to the Board of Veterans Appeals. A VSO can assist you in deciding which appeal/review options are best for your situation.

Appeals

The VA appeals procedure can be complex and long. Depending on the AMA option is selected and if your case is eligible to be considered prioritised or not, it could take an extended time to receive an answer. An experienced disability attorney can help you decide the best course of action and may file an appeal on your behalf in the event of a need.

There are three ways to appeal the denial of benefits to veterans, but each one takes the time in a different way. A lawyer can help you determine the best option for your case, and also explain the VA disability claims process so you are aware of what to expect.

If you'd like to skip the DRO review in order for you to directly submit your case to BVA, then you must fill out Form 9 and wait for the regional office to forward the file to the Board. The BVA will then issue a Statement of the Case (SOC). You can request a personal hearing before the BVA however it is not mandatory.

A supplemental claim gives you the opportunity to provide fresh and relevant evidence for the VA. This includes medical proof, but also non-medical evidence such as statements from lay people. Lawyers can submit these statements and request independent medical examinations as well as a vocational expert's opinion on your behalf. If the BVA decides to deny your claim you may appeal to the Court of Appeals for Veterans Claims.