How to File a Veterans Disability Case

Many veterans have medical issues as they join the military, but they do not divulge them or treat them. They think that they'll disappear or improve after a while.

But years pass and those problems become more severe. They now require assistance from the VA to get compensation. The VA isn't convinced by the VA.

Getting Started

Many veterans wait years before filing a disability claim. Many veterans wait years before making a claim for disability. It is crucial to file a claim when the symptoms of disability get severe enough. If you are planning to submit a claim in the future and you are unsure of the procedure, let the VA be aware by submitting an intent to file form. This will allow you to establish a more recent effective date and make it easier to receive your back pay.

When you file the initial claim, it is important to include all relevant evidence. This includes the medical clinics of civilians and hospital records that relate to the ailments or injuries you are planning to file a claim for, as well as any military records pertaining to your service.

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

It is best to do this as a part of your separation physical, so that it is documented as a service-connected disability, even in the event that the rating is 0%. It will be easier to request an increase in rating should your condition worsens.

Documentation

In order to obtain the benefits you are entitled to, it is vital that you give your VA disability lawyer with all the relevant documentation. This could include medical documents, service records and letters from relatives, friends or coworkers who are aware of the impact of your disability on you.

Your VSO can help you gather the required documentation. This could include medical records from the VA hospital as well as private physician's reports, diagnostic tests and other evidence to prove that you suffer from a debilitating condition that was caused by or made worse by your service in the Armed Forces.

The next step is for VA to assess the evidence and determine your disability rating. This is accomplished using an approved schedule by Congress that specifies which disabilities can be compensated and in what percentage.

If VA decides that you are eligible for disability benefits, they will inform you in writing of their decision. They will also send all the necessary documents to Social Security. If they find that you don't have a qualifying disability and the VSO will return the document to you, and it is possible to appeal the decision within a specified time.

A VA attorney can help you gather evidence for your claim. Our veterans advocate can obtain medical records and opinions from independent medical examiners as well as a letter from the VA treating physician regarding your condition.

Meeting with VSO VSO

A VSO can assist with a variety of programs, which extend beyond disability compensation. These include vocational rehabilitation as well as employment, home loans 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 accessible to you, and fill out the required paperwork.

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

Once the VA has all of your evidence, they will go through it and give you a disability score in accordance with the severity of your symptoms. A VSO will discuss your rating, and additional state benefits for which could be eligible, with you after you have received an answer from the federal VA.

The VSO can assist you in requesting an appointment with the VA if you disagreed with a decision of the federal VA. The Appeals Modernization Act provides three "lanes" for appeals. They are a supplementary claim or a higher-level review or a notice of disagreement to the Board of veterans disability lawsuits Appeals. A VSO can assist you in deciding the best appeal/review option for your particular situation.

Appeal

The VA appeals process can be complex and lengthy. Depending on the AMA lane is chosen and if your case is eligible to be processed with priority this could mean it takes some time to get an official decision. A veteran disability lawyer can help you determine the best course of action and can also file an official appeal on your behalf, if needed.

There are three options to appeal a denial of veterans benefits however each one takes different amounts of time. A lawyer can help you decide which one is right for you and will explain the VA disability appeals procedure so that you know what to expect.

If you want to skip the DRO review for you to directly submit your case to BVA, then you must fill out Form 9 and wait for the regional office to forward the file to the Board. The BVA will issue a Statement Of Case (SOC). You can request an individual hearing before the BVA but it isn't mandatory.

A supplemental claim is an opportunity to provide new and relevant evidence to the VA. This can include medical evidence however, it can also include non-medical proof such as lay assertions. An attorney can make these statements on your behalf and also request independent medical exams and a vocational expert opinion. If the BVA refuses your claim for supplemental benefits, you can submit an appeal to the Court of Appeals for Veterans Claims.