How to File a Veterans Disability Case

Many veterans suffer from medical issues when they enter the military, but don't declare them or address them. They believe that the issue will be gone over time or improve.

But years pass and those problems become more severe. Now they need help from the VA to receive compensation. The VA does not believe the VA.

Getting Started

Many veterans wait for years before filing a disability claim. Many veterans disability lawyer wait for years before making a claim for disability. It is important to file a claim when the symptoms of disability become severe enough. Let the VA be aware if you are planning to file a claim at later time by submitting an intent to file. This will enable you to determine an effective date that is more recent and will make it easier to receive your back pay.

It is vital to provide all the relevant documentation when you submit your initial claim. It is essential to include all medical records from hospitals and clinics related to the ailments or injuries you intend to claim, as well as military documents.

Once the VA has received your claim, they will examine it and gather additional evidence from you and your health medical professionals. Once they have all the data they require, they will arrange an appointment for you to take an examination called a Compensation and Pension (C&P) in order to determine your eligibility.

This should be done in conjunction with the separation physical, so that your disability is recorded as service-connected even if the disability is not a%. It is much easier to request an increase in rating should your condition worsens.

Documentation

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

Your VSO can assist you in gathering the required documentation. This could include medical records from the VA Hospital and a private physician's report and diagnostic tests, as well as other evidence that proves you are suffering from a condition that is disabling and that your service in Armed Forces caused or worsened it.

VA will then examine the evidence to determine your disability rating. This is done by using a schedule drafted by Congress that specifies which disabilities can be compensated and in what percentage.

If VA finds that you qualify 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 conclude that you do not have a qualifying disability, the VSO will return the documents to you and you can appeal this decision within a set time.

A VA attorney can help you collect evidence to support your claim. In addition to medical documentation our Veterans disability lawyer advocate will get opinions from independent medical examiners, as well as a letter from your VA treating doctor regarding the impact of your disability on your life.

Meeting with VSO VSO

A VSO can assist with a myriad of programs, which extend beyond disability compensation. They can help with vocational rehabilitation and employment, home loan and group life insurance. They can also assist with medical benefits and military burial benefits. They will look over your medical records and service records to determine what federal programs are available to you. They will also fill with the required forms.

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 to represent any Veteran or dependent who is a claim of any federal benefit.

After the VA has all your evidence, they will go through it and determine a disability classification based on the severity of your symptoms. After you have been given a decision by the federal VA, you will be contacted by a VSO can discuss with you your rating and any additional state benefits that you may be entitled to.

The VSO can also help you request a hearing with the VA to resolve an issue if you disagree with a decision taken by the federal VA. The Appeals Modernization Act provides three "lanes" to appeal. These include a supplementary claim or a higher-level review or a written notice of disagreement to the Board of Veterans Appeals. A VSO will help you determine which appeal or review option is appropriate for your particular situation.

Appeals

The VA appeals process can be complex and long. Depending on the AMA option is selected and whether or not your case is handled in a priority manner, it can take several months to receive a final decision. A veteran disability lawyer can help you determine the best route to take and file a formal appeal on your behalf, if necessary.

There are three methods to appeal a denial of benefits to veterans however each one takes different amount of time. A lawyer can assist you in deciding which is best for your situation and explain the VA disability claims process so you know what to expect.

If you want to forgo the DRO review and go directly to the BVA, you must submit a Form 9 formal appeal and wait for the regional office in your area to transfer 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 mandatory.

A supplemental claim provides you with the opportunity to provide fresh and relevant evidence to the VA. This can include medical evidence, but also non-medical evidence, such as statements made by laypeople. Lawyers can present these statements and get independent medical examinations as well an expert's opinion from a vocational specialist on your behalf. If the BVA denies your claim, you may appeal to the Court of Appeals for Veterans Claims.