How to File a Veterans Disability Case

Many veterans disability claim suffer from medical issues when they join the military, but they don't declare them or address them. They believe that they will go away or get better after a while.

As the years go by as time passes, the issues continue to worsen. Now, they require the VA's assistance to get compensation. The problem is that the VA isn't going to believe them.

Getting Started

Many veterans wait for veterans disability case years before submitting a disability claim. Many veterans disability attorneys wait for years before making a claim for disability. This is why it is crucial to file an application as soon as the symptoms of disability become serious enough. If you intend to submit a claim in the future, let the VA know by submitting an intent to file form. This will help you determine a more recent effective date and make it easier to claim your back pay.

It is vital to include all relevant proof when you file your initial claim. This includes civilian medical clinic and hospital records related to the injuries or illnesses you intend to claim, as well as any military documents related to your service.

When the VA accepts your claim they will review it and collect additional evidence from you and your health care providers. Once they have all the data they require, they'll arrange an appointment for you to take a Compensation and Pension Exam (C&P) to determine your rating.

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

Documentation

To get the benefits you are entitled to, it is crucial to give your VA disability lawyer with all relevant documents. This could include medical records, service records and other evidence of a lay nature, such as letters from family, friends members, or coworkers who understand how your disabilities affect you.

Your VSO can assist you in obtaining the necessary documentation. This can include medical records from the VA Hospital and a private physician's report as well as diagnostic tests and other evidence that proves you have a disabling illness and that your service in the Armed Forces caused or worsened it.

The next step is for VA to evaluate the evidence and determine your disability rating. This is done using an approved schedule by Congress that defines which disabilities are eligible for compensation and at what percentage.

If VA finds that you qualify for disability benefits, they will inform you in writing of their decision. They will also send all the relevant documents to Social Security. If they decide that you do not have a qualifying impairment, the VSO returns the documents and you have the option to appeal the decision within a specific time frame.

A VA attorney in Kalamazoo will assist you with gathering the evidence needed for your claim. Our veterans advocate can also get medical documents and opinions from independent medical examiners, as well as a statement from the VA treating doctor regarding your disability.

Meeting with a VSO

A VSO can assist with a variety of programs, beyond disability compensation. They can help with vocational rehabilitation employment, home loans, and group life insurance. They can also assist with medical benefits and burial benefits. They will go through your medical records and service records to determine what federal programs are available to you and then fill with the required forms.

Many accredited representatives work for VA-accredited/federally chartered veterans disability case 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 dependent with a claim for any federal benefit.

Once the VA has all of your evidence, they'll review it and determine a disability rating according to the severity of your symptoms. Once you receive a decision by the federal VA, you will be contacted by a VSO will discuss with you the ratings and any additional benefits from the state that you may be entitled to.

The VSO can assist you in requesting an hearing with the VA in the event that you are dissatisfied with a decision of the federal VA. The Appeals Modernization Act provides three "lanes" to appeal. They include a supplementary claim or a higher-level review or a notice of disagreement to the Board of Veterans Appeals. A VSO can assist you in deciding which appeal/review options are best for your situation.

Appeals

The VA appeals procedure can be complex and lengthy. It could take a year or more to receive a decision, depending on the AMA lane you choose and whether your case qualifies for priority processing. A veteran disability lawyer can assist you in determining the best course of action and file a formal appeal on behalf of you if needed.

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

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

A supplemental claim provides you with the chance to submit new and relevant evidence to the VA. This can include medical evidence, but also non-medical evidence like statements made by laypeople. An attorney can make these statements on behalf of you and can also obtain independent medical exams and a vocational expert opinion. If the BVA denies your claim, you can appeal to the Court of Appeals for veterans disability law Claims.