How to File a Veterans Disability Case

Many veterans have medical issues when they enter the military, but they don't divulge them or treat them. They figure they will go away or get better 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 isn't going to believe them.

Getting Started

Many veterans disability lawsuit are waiting for years before making an claim. They may feel that they are able to handle the issue or think it will disappear by itself, without treatment. It is crucial to file a claim when the symptoms of disability become serious enough. If you are planning to submit a claim in the future then let the VA know by submitting an intent to submit form. This will help establish a earlier effective date, making it easier to get back your money for time you have already missed out on because of your disability.

When you file your initial claim, it is important to include all relevant evidence. You should include all medical records from civilian clinics and hospitals pertaining to the illnesses or injuries you're planning to file a claim for, and military records.

When the VA receives your claim they will review it and gather additional evidence from you and your health medical professionals. Once they have the data they need, they will schedule you for a compensation and pension exam (C&P) to determine your rating.

This should be done in parallel with the separation physical, to ensure that your condition is recorded as service-connected even if the disability is not a%. It is much easier to ask for an increase in your rating if your condition becomes worse.

Documentation

In order to obtain the benefits you are entitled to, it is essential that you give your VA disability lawyer with all relevant documents. This may include service records, medical documentation and even lay evidence, such as letters from friends, family members or coworkers who know how your disabilities affect you.

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

The next step is for VA to evaluate the evidence and determine your disability rating. This is done with a schedule drafted by Congress which defines which disabilities are compensable and at what percentage.

If VA finds that you suffer from a qualifying disability, they will notify you of this decision in writing and send the appropriate documents to Social Security for processing. If they decide 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 certain time period.

A VA attorney can help you gather evidence for your claim. In addition to medical records our veterans disability law firm advocate will obtain opinions from independent medical examiners and a letter from your VA treating physician on the impact of your disabilities on your daily life.

Meeting with a VSO

A VSO can assist with a variety of programs that go beyond disability compensation, including vocational rehabilitation and employment, home loans as well as group life insurance, medical benefits, military burial benefits, and many more. They will look over all of your records from service, and medical information to find out which federal programs you are qualified for and will fill out the required paperwork for you 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 dependent who has a claim to any federal benefit.

After the VA receives all of your evidence they will review it, and then give you the rating of disability according to the severity of your symptoms. A VSO can discuss your rating and any additional state benefits for which might be eligible after you have received an answer from the federal VA.

The VSO can also assist you to request a hearing with the VA to resolve an issue in case you disagree with a decision taken by the federal VA. The Appeals Modernization Act provides three "lanes" for an appeal. These include a supplementary claim, veterans disability or a more thorough review or a notice of disagreement to the Board of Veterans Appeals. A VSO can help you decide which appeal or review option is appropriate for your situation.

Appeal

The VA appeals procedure is complex and long. Depending on the AMA route is chosen and if your case qualifies to be treated with priority, it can take a long time to receive an answer. A veteran disability lawyer can assist you in determining the best course of action and make an appeal on your behalf in the event of a need.

There are three ways to appeal a denial of benefits to veterans However, each requires different amount of time. A lawyer can help you determine which one is right for your case and can explain the VA disability appeals process to help you know what to expect.

If you decide to forgo the DRO review and go directly to the BVA you must file a Form 9 formal appeal and wait for your regional office to forward your case to the Board. The BVA will then issue a Statement of the Case (SOC). You may request a personal hearing before the BVA, but it's not required.

A supplemental claim gives you the chance to present new 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 obtain independent medical tests as well as a vocational expert's opinion on your behalf. If the BVA declines your supplemental claim, you can submit an appeal to the Court of Appeals for Veterans Claims.