How to File a Veterans Disability Case

Many veterans join military service suffering from medical conditions that they don’t seek out or treat. They think that the problems will be gone after a period of time or improve.

As the years go by, these problems continue to get worse. Now they need the VA’s assistance to obtain compensation. The VA does not believe in the VA.

Getting Started

Many veterans are waiting for years before making claims. Many veterans are waiting for years before filing a disability claim. Therefore, it is important to start the process as soon as the disability symptoms become serious enough. Let the VA know if you plan to file a claim on later time by submitting an intention to file. This will enable you to determine an earlier effective date and will make it easier to claim your back pay.

It is vital to provide all the relevant documentation when you file your initial claim. You must include all medical records from civilian clinics and hospitals pertaining to the injuries or illnesses you’re planning to file a claim for, as well as military records.

The VA will examine your claim and obtain additional evidence from both you and your healthcare providers. Once they have all the information they require, they’ll set up an appointment to take the Compensation and Pension Exam (C&P) to determine your rating.

It is recommended to do this prior to your separation physical, so that it is recognized as a service-connected disability even in the event that the rating is 0 percent. This will make it much easier to apply for an increase in rating later on if your condition worsens.

Documentation

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

Your VSO can help you gather the required documentation. This can include medical records from the VA Hospital, private physician’s report or diagnostic tests, and 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 assess the evidence to determine your disability rating. This is done by using the schedule that was created by Congress that 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 this decision in writing. They will then forward the appropriate documents to Social Security for processing. If they determine that you do not have a qualifying disability, the VSO will return the documents to you and it is possible to appeal the decision within a certain time period.

A VA lawyer in Kalamazoo can assist you in gathering the evidence needed to support your claim. Our veterans advocate can obtain medical documentation and opinions from independent medical examiners, as well as a letter from the VA treating physician regarding your disability.

Meeting with VSO VSO

A VSO can assist with a range of programs that go beyond disability compensation, including vocational rehabilitation and employment loans for home, group life insurance, medical benefits as well as military burial benefits and more. They will review all of your service records, and medical records to find out what federal programs you’re qualified for and will fill out the required paperwork to apply.

Many accredited representatives work for VA-accredited/federally chartered wharton Veterans disability attorney 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 the interests of a Veteran, dependent or survivor with a claim for any federal benefit.

When the VA has all your evidence, they will go through it and determine a disability classification in accordance with the severity of your symptoms. A VSO will discuss your rating, and additional state benefits for which you might be eligible with you once you receive a decision from the federal VA.

The VSO can also assist you to request an appointment with the VA to resolve an issue when you are not satisfied with a decision made by the federal VA. The Appeals Modernization Act provides three “lanes” to appeal. These include a supplementary claim or a higher-level review or a written notice of disagreement to the Board of anacortes veterans disability lawsuit Appeals. A VSO will assist you in determining which appeal or review option is appropriate for your particular situation.

Appeal

The VA appeals process is complicated and long. Depending on which AMA lane is chosen and if your case is processed with priority this could mean it takes several months to receive a final decision. A veteran disability lawyer can help you decide the best route to take and may make an appeal on your behalf, if needed.

There are three options to appeal the denial of benefits to fairmont veterans disability attorney However, each takes different amounts of time. A lawyer can help you decide which option is the best for your particular situation, and explain the VA disability claims process so you know what to expect.

If you’d like to bypass the DRO review in order to submit your case 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 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 present fresh and relevant evidence to the VA. This includes medical evidence but also non-medical evidence, such as declarations from laypeople. An attorney can present these statements on your behalf and also request independent medical exams and a vocational expert’s opinion. If the BVA refuses to accept your supplemental claim you can appeal to the Court of Appeals for Veterans Claims.