How to File a Veterans Disability Case

Many veterans suffer from medical issues when they enter the military, but they do not declare them or address them. They believe that the issue will go away after a while or get better.

As time passes the problems continue to get worse. Now they need VA assistance to get compensation. The problem is that the VA isn't going to believe them.

Getting Started

Many veterans wait years before filing a disability claim. Many Plain City Veterans Disability Attorney are waiting for years before making a claim for disability. It is important to file a claim when the symptoms of disability get severe enough. Let the VA be aware if you are planning to file a claim on a later date by submitting an intention to file. This will allow for a later effective date, making it easier to receive pay for the time you have already lost due to your disability.

It is crucial to include all relevant proof when you submit your initial claim. Include all medical records from civilian hospitals and clinics related to the injuries or illnesses you're planning to file a claim for, and military records.

The VA will examine your claim and gather additional evidence from you and your healthcare providers. Once they have all of the information they require, they will make an appointment with you to take a Compensation and Pension Exam (C&P) to determine your eligibility.

This should be done in parallel with the separation physical so that your condition is recorded as service-connected even if it is 0 percent. It will be easier to request an increase in rating if your condition becomes worse.

Documentation

To be able to claim the benefits you are entitled to, it is vital to provide your VA disability lawyer with all the relevant documents. This can include medical documents, service records and letters from relatives, friends or colleagues who understand the impact of your disability on you.

Your VSO can help you gather the necessary 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 have a disabling illness and that your time in the Armed Forces caused or worsened it.

VA will then evaluate the evidence to determine your disability rating. This is done by using an established schedule by Congress which defines which disabilities are compensable and at what percentage.

If VA determines that you are eligible for disability benefits, they will notify you in writing of their decision. They'll also send all the necessary documents to Social Security. If they determine that you don't have a qualifying disability and the VSO will return the document to you, and you can appeal this decision within a certain time period.

A VA lawyer in Kalamazoo can assist you in gathering 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 a letter from your VA treating doctor on the impact of your disabilities on your life.

Meeting with VSO VSO

A VSO can help with a wide range of programs beyond disability compensation, including vocational rehabilitation and employment loans for home, group life insurance, medical benefits, military burial benefits, and many more. They will go through your medical and service records to determine the federal programs available to you. They will also fill with the required forms.

Many accredited representatives work for VA-accredited/federally chartered snowflake veterans disability lawyer service organizations (VSOs), which are private non-profit groups that advocate on behalf of Veterans, Servicemembers, and their families. They are authorized to represent any Veteran or dependent who is claims for any federal benefit.

After the VA receives all the evidence, they'll review it, and assign an assessment of disability based on your severity of symptoms. A VSO will discuss your rating and any additional state benefits for which may be eligible, after you have received a decision from the federal VA.

The VSO can help you request an appeal to the VA if you disagreed with a decision made by the federal VA. In the Appeals Modernization Act, there are three "lanes" available for an appeal such as a supplemental appeal, higher-level review or an appeal to the Board of Veterans Appeals. A VSO can help you decide which appeal/review options are best for your situation.

Appeals

The VA appeals process can be lengthy and complicated. Depending on the AMA route is chosen and if your case is eligible to be handled in a priority manner this could mean it takes a long time to receive the final decision. A veteran disability lawyer can help you determine the best way to proceed and can file a formal appeal on behalf of you if necessary.

There are three avenues to appeal the denial of veterans' benefits However, each takes a different amount of time. A lawyer can assist you in deciding the best option for your situation and explain the VA disability claims process so you are aware of what you can expect.

If you wish to bypass the DRO review in order to go directly to BVA then you must submit Form 9 and wait for the regional office to transfer the file to the Board. The BVA will issue a Statement Of Case (SOC). You may request a personal hearing before the BVA however it's not required.

A supplemental claim provides you with the chance to submit new and relevant evidence to the VA. This includes medical proof, but also non-medical evidence, such as statements from lay people. An attorney is able to submit these statements on your behalf and also obtain independent medical examinations and a vocational expert's opinion. If the BVA declines your supplemental claim you can submit an appeal to the Court of Appeals for Veterans Claims.