How to File a Veterans Disability Case

Many veterans have medical problems as they join the military, but they do not reveal them or treat them. They believe that they will disappear or improve after a time.

But years pass and those problems become more severe. Now they need VA assistance to obtain compensation. The VA isn't convinced by the VA.

Getting Started

Many veterans have to wait for years before filing a disability claim. They may feel that they are able to handle the problem or that it will disappear by itself if they don't seek treatment. For this reason, it is important to start an application as soon as the disability symptoms become serious enough. If you are planning to submit a claim in the future you should let the VA know by filing an intent to file form. This will enable you to establish a more recent effective date and will make it easier for you to get your back pay.

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

Once the VA receives your claim they will review it and seek additional evidence from you and your health medical professionals. Once they have the information they require, they will arrange for you to take an exam for compensation and pension (C&P) to determine your rating.

This should be done in conjunction with the separation physical so that your disability is recognized as service-connected even if it's 0%. This will make it simpler to obtain an increased rating in the future should your condition get worse.

Documentation

It is important that you provide all the required documentation to your VA disability lawyer to ensure that you receive the benefits to which you are entitled. This could include service records, medical documentation and even lay evidence, such as letters from family members, friends members or coworkers who know how your disabilities affect you.

Your VSO can assist you in gathering the required documentation. This can include medical records from the VA Hospital and a private physician's report as well as diagnostic tests and other evidence to prove that you suffer from a chronic illness and that your time in the Armed Forces caused or worsened it.

The next step is for VA to assess the evidence and determine your disability rating. This is done using an approved schedule by Congress that determines 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 and send all the necessary documents to Social Security. If they conclude that you don't have a qualifying disability, the VSO will return the document to you, and they will allow you to appeal the decision within a set time.

A VA attorney in Kalamazoo can assist you in obtaining the evidence needed to support your claim. Our veterans advocate can collect medical documentation and opinions from independent medical examiners, and a written statement from the VA treating doctor about your condition.

Meeting with a VSO

A VSO can help with a variety of programs that go beyond disability compensation, including vocational rehabilitation and employment such as home loans as well as group life insurance, medical benefits and military burial benefits and more. They will look over all of your records from service, and medical records to find out which federal programs you're eligible for and 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 authorised by law to represent a Veteran or dependent with a claim for any federal benefit.

Once the VA has all the evidence, they will go through it and determine a disability classification depending on the severity of your symptoms. A VSO can discuss your ratings as well as any other state benefits for which you could be eligible, with you 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 a problem when you are not satisfied with a ruling made by the federal VA. In the Appeals Modernization Act, there are three "lanes" that can be used to appeal such as a supplemental appeal, higher-level review or a Notice of Disagreement to the Board of Veterans Appeals. A VSO can help you decide which appeal or review option is the most appropriate for your particular situation.

Appeal

The VA appeals process is complicated and long. Depending on the AMA route is chosen and if your case qualifies to be processed with priority this could mean it takes a long time to receive a final decision. A veteran disability attorney can assist you in determining the best route to take and may file an appeal on your behalf, if needed.

There are three options for appealing the denial of benefits to veterans however each one requires a different amount of time. A lawyer can help you decide which one is right for your case and can explain the VA disability appeals process so that you know what you can expect.

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

A supplemental claim gives you the opportunity to present new and relevant evidence to the VA. This could include medical evidence as well as non-medical evidence such as lay statements. An attorney can make these statements on your behalf and also obtain independent medical exams and a vocational expert opinion. If the BVA decides to deny your claim you can appeal to the Court of Appeals for veterans disability attorneys Claims.