How to File a Veterans Disability Case

Many veterans have medical problems when they enter the military, but don't reveal them or treat them. They think that the problem will disappear after a period of time or improve.

As time passes as time passes, the issues get worse. They now require assistance from the VA to get compensation. The problem is that the VA won't accept their claims.

Getting Started

Many veterans are waiting for years before submitting a disability claim. They might believe that they can manage the issue or believe that it will disappear by itself if they don't seek treatment. Therefore, it is important to start a claim as soon as the symptoms of disability get serious enough. If you plan to make a claim in the future, inform the VA be aware by submitting an intent to file form. This will help you determine an earlier effective date and will make it easier to get your back pay.

When you file your initial claim, it is crucial to provide all evidence relevant. This includes civilian medical clinic and hospital records related to the injuries or illnesses you plan to claim, as well as any military records related to your service.

The VA will review your claim and collect additional evidence from you and your healthcare providers. Once they have all of the information they require, they'll arrange an appointment for you to take an examination called a Compensation and Pension (C&P) to determine your rating.

This should be done in conjunction with the separation physical, to ensure that your disability is documented as service-connected, even if the disability is not a percent. This will make it much easier to request an increase in rating later on if your condition worsens.

Documentation

It is essential to provide all the necessary documentation to your VA disability lawyer in order to get the benefits to which you are entitled. This may include service records, medical documentation and other evidence of a lay nature, such as letters from friends, family members or coworkers who know how your disabilities affect you.

Your VSO can assist you in obtaining the necessary documentation. This can include medical records from the VA Hospital or a private doctor's report or diagnostic tests, and other evidence to prove that you have a debilitating illness and that your participation in Armed Forces caused or worsened it.

The next step is for VA to review the evidence and determine your disability rating. This is done with an approved schedule by Congress that specifies which disabilities are eligible for compensation and at what percentage.

If VA determines that you have a qualifying disability, they will inform you of this decision in writing, and then send the appropriate documents to Social Security for processing. If they decide that you do not have a qualifying impairment, the VSO returns the document to you and you may appeal the decision within a specified period of time.

A VA attorney in Kalamazoo will assist you with gathering the evidence needed to support your claim. Our veterans advocate can also obtain medical records and opinions from independent medical examiners, and also a statement from the VA treating doctor about your disability.

Meeting with a VSO

A VSO can assist with a range of programs that go beyond disability compensation, including vocational rehabilitation and employment loans for home, group life insurance, medical benefits including military burial benefits and many more. They will review your medical and service records to determine which federal programs are available to you and fill out the required 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, veterans disability and their families. They are authorized to represent any Veteran or a dependent with the claim of any federal benefit.

After the VA has all of your evidence, they will go through it and determine a disability rating 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 will discuss with you your rating and any other state benefits you might be entitled to.

The VSO can assist you in requesting an appointment with the VA in the event you disagree with a decision by the federal VA. The Appeals Modernization Act provides three "lanes" for appeals. They are a supplementary claim or a review at a higher level, or a notice of disagreement to the Board of veterans disability law firm Appeals. A VSO can help you decide the best appeal/review option for your situation.

Appeal

The VA appeals procedure is complex and long. Based on which AMA route is chosen and whether or not your case is treated with priority or not, it could take some time to get a final decision. A veteran disability attorney can assist you in determining the best path to take and can make an appeal on your behalf in the event of a need.

There are three ways to appeal the denial of benefits to veterans, but each one takes the time in a different way. A lawyer can help you determine which one is right for your case and can explain the VA disability appeals procedure so that you understand what to expect.

If you prefer to bypass the DRO review and go directly to the BVA, you must submit a Form 9 formal appeal and wait for the regional office of your region to transfer your case to the Board. The BVA will issue a Statement of Case (SOC). You can request a personal hearing before the BVA however, it's not required.

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