How to File a Veterans Disability Case

Many veterans have medical problems when they join the military, but don't declare them or address them. They think they'll disappear or improve after a while.

As the years go by, these problems continue to worsen. Now they need help from the VA to receive compensation. The VA doesn't believe the VA.

Getting Started

Many veterans wait for years before filing a disability claim. Many veterans wait for years before making a claim for disability. It is essential to file a claim as soon as the symptoms of disability become severe enough. If you intend to submit a claim in the future then inform the VA know by submitting an intent to file form. This will establish an earlier effective date, making it easier to recover your money for time you've missed out on because of your disability.

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

The VA will examine your claim and obtain additional evidence from both you and your healthcare providers. Once they have the data they need, they will arrange for you to take an examination to determine your compensation and pension (C&P) to determine your rating.

It is recommended to complete this prior to your separation physical to ensure it is recognized as a disability that is service-connected, even when the rating is only 0 percent. This will make it easier to apply for an increase in rating later on when your condition becomes worse.

Documentation

To be able to claim the benefits you are entitled to, it is essential that you give your VA disability lawyer with all relevant documentation. This could include medical documents, service records, and letters from friends, relatives or coworkers who are aware of how your disability affects you.

Your VSO can help you gather the required documentation. This could include medical records from the VA Hospital, private physician's report and diagnostic tests, as well as other evidence that shows that you suffer from a chronic illness and that your service in the Armed Forces caused or worsened it.

VA will then evaluate 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 eligible for disability benefits, they will notify you in writing of their decision and send all the necessary documents to Social Security. If they conclude that you don't have a qualifying disability and the VSO will return the document to you and they will allow you to appeal the decision within a set time.

A VA attorney in Kalamazoo can assist you in gathering the evidence needed to support your claim. Our veterans disability attorneys advocate can obtain medical documentation and opinions from independent medical examiners, and a written statement from the VA treating doctor about your condition.

Meeting with a VSO

A VSO can assist with a wide range of programs, ranging from disability compensation. They offer vocational rehabilitation employment, home loans, and group life insurance. They can also help with medical benefits and military burial benefits. They will review all of your documents from your military service, and medical information to find out what federal programs you're eligible for and fill out the necessary paperwork to apply.

Many accredited representatives work for veterans disability lawyer 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 authorized to represent the interests of a Veteran or dependent who has a claim to any federal benefit.

Once the VA has received all of your evidence they will review it, and assign a rating of disability in accordance with the severity of your symptoms. If you are granted a decision by the federal VA, veterans disability lawyer the VSO will discuss with you the ratings and any additional state benefits that you may be entitled to.

The VSO can also assist you to request an hearing with the VA to resolve an issue in the event that you do not agree with a decision made by the federal VA. In the Appeals Modernization Act, there are three "lanes" that can be used to appeal: a supplemental claim, higher-level review or a Notice of Disagreement with the Board of Veterans Appeals. A VSO can assist you in determining the best appeal or review option for your situation.

Appeal

The VA appeals procedure is complicated and time-consuming. It could take up to a year or more to receive an answer, based on the AMA lane you choose and whether your case qualifies for priority processing. A veteran disability attorney can assist you in determining the best course of action and make an appeal on your behalf, if needed.

There are three methods to appeal a veterans benefits denial Each one requires different amounts of time. A lawyer can help you determine the best option for you and will explain the VA disability appeals process so that you know what to expect.

If you wish to skip the DRO review and go directly to the BVA you must file a Form 9 formal appeal and wait for the regional office in your area to transfer your file to the Board. The BVA will then issue a Statement of the Case (SOC). You may request a personal hearing before the BVA however it is not required.

A supplemental claim provides you with the chance to present new and relevant evidence for the VA. This includes medical evidence, but also non-medical evidence such statements made by laypeople. An attorney can make these statements on your behalf and also request independent medical exams and a vocational expert opinion. If the BVA denies your claim, you may appeal to the Court of Appeals for veterans disability lawyer (please click the next page) Claims.