How to File a Veterans Disability Case

Many veterans go into military service with medical problems that they don't report or treat. They figure they will go away or get better after a while.

As the years go by the problems continue to get worse. Now they need the VA's assistance to receive compensation. The problem is that the VA won't believe them.

Getting Started

Many veterans wait for years before submitting a disability claim. They might believe that they can manage the issue or believe that it will go away by itself if they don't seek treatment. It is essential to file a claim when the symptoms of disability become serious enough. Let the VA know if you intend to file your claim at later time by submitting an intention to file. This will establish an earlier effective date, which makes it easier to recover payment for time that you have already missed out on because of your disability.

When you file the initial claim, it is crucial to provide all evidence relevant. This includes any medical clinics in the civilian sector and hospital records regarding the illnesses or injuries you intend to claim, as well as any military records pertaining to your service.

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

This must be done in tandem with the separation physical to ensure that your disability is documented as service-connected, even if it is 0%. This will make it much easier to file for an increase in rating later on if your condition worsens.

Documentation

To be able to claim the benefits you are entitled to, it is vital that you give your VA disability lawyer with all of the relevant documents. This could include service records, medical documentation and lay evidence such as letters from relatives, friends members, or coworkers who understand the impact of your disabilities on you.

Your VSO can help you gather the necessary documentation. This could include medical records from the VA Hospital, private physician's report and diagnostic tests, as well as other evidence that shows that you suffer from a chronic illness and that your time in the Armed Forces caused or worsened it.

VA will then review the evidence to determine your disability rating. This is done with an approved schedule by Congress that defines the disabilities that are eligible for compensation and at what percentage.

If VA determines that you are eligible for disability benefits, they will notify you in writing of their decision. They will also send all the relevant documents to Social Security. If they determine that you do not have a qualifying disability, the VSO will return the documents to you and you can appeal this decision within a specified time.

A VA lawyer can assist you to gather evidence for your claim. In addition to medical evidence Our veterans advocate can obtain opinions from independent medical examiners as well as an opinion from your VA treating physician on the impact of your disability on your life.

Meeting with VSO VSO

A VSO can assist with a range of programs, ranging from disability compensation. They offer vocational rehabilitation employment, home loans, and group life insurance. They can also help with medical benefits as well as military burial benefits. They will examine your medical and service records to determine the federal programs available to you and then fill the necessary paperwork.

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 legally authorized to represent a Veteran, dependent or survivor with a claim for any federal benefit.

Once the VA has all your evidence, they will review it and determine a disability classification based on the severity of your symptoms. A VSO can discuss your rating and other state benefits to which you might be eligible with you when you receive a decision from the federal VA.

The VSO can assist you in requesting an appointment with the VA in the event you disagree with a decision made by the federal VA. The Appeals Modernization Act provides three "lanes" to appeal. They include a supplementary claim, or a more thorough review or a written notice of disagreement to the Board of Veterans Appeals. A VSO will assist you in determining which appeal or review option is the most appropriate for your particular situation.

Appeal

The VA appeals process can be complex and long. It can take a year or more to receive a decision, based on the AMA option you select and if your case is eligible for priority processing. A veteran disability lawyer can help you decide the best path to take and file an appeal on your behalf if required.

There are three options to appeal a denial of veterans benefits Each one requires different amounts of time. A lawyer can help you determine the best option for you and will explain the VA disability appeals process to help you are aware of what to expect.

If you wish to bypass the DRO review to go directly 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 then issue an Statement of Case (SOC). You can request a private hearing before the BVA however it is not required.

A supplemental claim provides an chance to present new and relevant evidence to the VA. This could include medical evidence as well as non-medical evidence such as lay assertions. Lawyers can present these statements and get independent medical examinations aswell as a vocational expert's opinion on your behalf. If the BVA declines your supplemental claim You can file an appeal to the Court of Appeals for veterans disability law firm Claims.