How to File a Veterans Disability Case

Many veterans experience medical issues as they join the military, but don't divulge them or treat them. They believe that the issue will go away over time or improve.

But as time passes, the problems get worse. Now they need help from the VA to get compensation. The problem is that the VA won't believe them.

Getting Started

Many nappanee veterans Disability attorney wait for years before filing a claim for disability. Many veterans wait for years before filing a disability claim. For this reason, it is crucial to file a claim as soon as the disability symptoms become serious enough. If you plan to submit a claim in the future you should inform the VA know by filing an intent to submit form. This will allow you to determine an earlier effective date and make it easier for you to claim your back pay.

When you file the initial claim, it is crucial to provide all evidence relevant. This includes any medical clinics in the civilian sector and hospital records regarding the injuries or illnesses you plan to file a claim for, as well as any military records related to your service.

The VA will examine your claim and request additional evidence from both you and your healthcare providers. Once they have all the data they require, they'll schedule an appointment for you to take a Compensation and Pension Exam (C&P) in order to determine your rating.

It is recommended to complete this as a part of your separation physical, so that it is documented as a disability that is service-connected, even when the rating is zero percent. This will make it easier to request an increased rating in the future in the event that your condition gets 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 documentation. This could include medical records, service records and other evidence of a lay nature, such as letters from friends, family members, or colleagues who understand how your disabilities affect you.

Your VSO can help you gather the necessary documentation. This could include medical records from the VA hospital and private physician's records, diagnostic tests and other evidence to prove that you have a chronic condition that was caused or made worse by your time in the Armed Forces.

VA will then assess the evidence to determine your disability rating. This is done by using the schedule created by Congress that determines which disabilities are eligible to be compensated and in what percentage.

If VA determines that you have a qualifying disability, they will notify you of the decision in writing, and then send the relevant documents to Social Security for processing. If they find that you do not have a qualifying disability, the VSO will return the document to you and they will allow you to appeal the decision within a specific time.

A VA lawyer in Kalamazoo can help you gather the evidence needed to support your claim. Our oak brook veterans disability lawyer advocate can obtain medical records and opinions from independent medical examiners, and also a statement from the VA treating physician regarding your disability.

Meeting with a VSO

A VSO can help with a range of programs, ranging from disability compensation. They offer vocational rehabilitation as well as employment, home loans and group life insurance. They also can assist with medical benefits as well as military burial benefits. They will look over your medical and service records to determine which federal programs are accessible to you, and fill out the required paperwork.

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 by law to represent the interests of a Veteran or their dependents or survivors with a claim for any federal benefit.

After the VA receives all of your evidence, they will go over it, and assign a rating of disability according to the severity of your symptoms. Once you receive a decision by the federal VA, the VSO can discuss with you your ratings and any additional state benefits you may be entitled to.

The VSO can also help you request an hearing with the VA to resolve an issue in the event that you do not agree with a decision taken by 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 notice of disagreement to the Board of Veterans Appeals. A VSO can help you decide which appeal/review option is best for your particular situation.

Appeal

The VA appeals process can be complicated and lengthy. Depending on which AMA route is chosen and whether or not your case is considered prioritised, it can take an extended time to receive the final decision. A veteran disability lawyer can assist you in determining the best course of action and can file a formal appeal on behalf of you if required.

There are three methods to appeal a Veterans Benefits denial Each one requires different amounts of time. A lawyer can help you determine which one is the most appropriate for your situation and explain the VA disability claims process so you are aware of what to expect.

If you wish to bypass the DRO review in order to submit your case directly to BVA the BVA, then complete Form 9 and wait for the regional office to transfer the file to the Board. The BVA will then issue an Statement of Case (SOC). You can request an individual hearing before the BVA but it's not mandatory.

A supplemental claim gives you the opportunity to provide fresh and relevant evidence for the VA. This can include medical evidence however, it can also include non-medical proof such as lay statements. A lawyer can make these statements and request independent medical examinations as well as a vocational expert's opinion on your behalf. If the BVA declines your supplemental claim You can file an appeal to the Court of Appeals for Veterans Claims.