How to File a Veterans Disability Case

Many veterans join military service with medical problems that they don't report or treat. They think that they'll disappear or improve after a time.

As time passes, the problems become more severe. Now they need help from the VA to receive compensation. The problem is that the VA will not believe them.

Getting Started

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

It is important that you include all relevant proof when you submit your initial claim. You should include all medical records from civilian hospitals and clinics that pertain to the ailments or injuries you are planning to claim as well as military records.

When the VA receives your claim, they will review it and collect additional evidence from you and your health healthcare providers. Once they have the data they need, they will arrange for you to take a compensation and pension exam (C&P) to determine your eligibility.

It is best to do this as a part of your separation physical, so that it is recorded as a disability that is service-connected, even in the event that the rating is 0 percent. It is much easier to ask for an increase in your rating if your condition becomes worse.

Documentation

It is vital that you submit all the documentation required to your VA disability lawyer in order to get the benefits to which you are entitled. This could include medical documents, service records and letters from friends, relatives or coworkers who are aware of how your disability affects you.

Your VSO can assist you with gathering the necessary documentation. This may include medical records from the VA hospital, private physician's reports or diagnostic tests as well as other evidence to show that you have a chronic condition that was caused or made worse through your service in the Armed Forces.

VA will then review the evidence to determine your disability rating. This is accomplished using a schedule designed by Congress that determines which disabilities are eligible to be compensated and at what percentage.

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

A VA lawyer can assist you to find evidence to support your claim. In addition, to medical documentation our veterans disability lawyer advocate can seek opinions from independent medical examiners, as well as an opinion from your VA treating doctor on the impact of your disability on your daily life.

Meeting with VSO VSO

A VSO can help with a wide range of programs that go beyond disability compensation, including vocational rehabilitation and employment, home loans, group life insurance medical benefits including military burial benefits and many more. They will look over all of your documents from your military service, and medical records to figure out which federal programs you're qualified for and will complete the required paperwork to apply.

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

Once the VA has received all of your evidence they will review the evidence, and then assign the disability rating based on your severity of symptoms. A VSO will discuss your rating and other state benefits to which you could be eligible, after you have received a decision from the federal VA.

The VSO can also assist you to request an appointment with the VA to resolve an issue if you disagree with a decision of the federal VA. Under the Appeals Modernization Act, there are three "lanes" that can be used to appeal such as a supplemental appeal, a higher level review or a Notice of Disagreement with the Board of Veterans Appeals. A VSO can assist you in deciding which appeal or review options are appropriate for your situation.

Appeals

The VA appeals process is complicated and long. It could take up to a year or longer to receive a decision, based on the AMA option you select and whether your case qualifies for priority processing. An experienced disability attorney can help you decide the best path to take and can make an appeal on your behalf if necessary.

There are three options for appealing the denial of veterans disability legal' benefits, but each one takes a different amount of time. A lawyer can help you decide which one is the most appropriate for your case, and also explain the VA disability claims process so you are aware of what you can expect.

If you prefer to bypass the DRO review and instead go directly to the BVA you must file a Form 9 formal appeal and veterans disability case wait for the regional office in your area to transfer your appeal to the Board. The BVA will then issue a Statement of the Case (SOC). You can request a private hearing before the BVA but it is not required.

A supplemental claim provides you with the chance to submit new and relevant evidence for the VA. This could include medical evidence as well as non-medical evidence such as lay assertions. Lawyers can submit these statements and request independent medical examinations aswell as a vocational expert's recommendation on your behalf. If the BVA denies your supplemental claim you may file an appeal to the Court of Appeals for Veterans Claims.