How to File a Veterans Disability Case

Many veterans suffer from medical issues after they join the military, but do not declare them or address them. They figure they will disappear or improve after a time.

As the years go by the problems continue to get worse. They now require assistance from the VA to get compensation. The problem is that the VA isn't going to believe them.

Getting Started

Many veterans wait for a long time before filing an claim. They might believe that they are able to handle the issue or that it will go away by itself without treatment. It is important to file a claim when the symptoms of disability get severe enough. Let the VA know that you intend to make a claim at an earlier date by submitting an intention to file. This will enable you to establish an effective date that is more recent and will make it easier to get your back pay.

When you file your initial claim, it is important to include all relevant evidence. This includes the medical clinics of civilians and hospital records related to the illness or lawyers injuries you intend to claim, as well any military documents related to your service.

When the VA accepts your claim they will review it and seek additional evidence from you and your health medical professionals. Once they have all of the information they require, they will make an appointment with you to take a Compensation and Pension Exam (C&P) to determine your eligibility.

It is recommended to complete this as a part of your separation physical, so that it is recognized as a disability that is service-connected, even when the rating is only 0 percent. It is much easier to request an increase in rating should your condition becomes worse.

Documentation

To be able to claim the benefits you are entitled to, it's essential to provide your VA disability lawyer with all the relevant documentation. This could include your medical records, service records and lay evidence like letters from friends, family members, or colleagues who understand the impact of your disabilities on you.

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

VA will then review the evidence to determine your disability rating. This is accomplished using an approved schedule by Congress that specifies which disabilities are eligible for compensation and in what percentage.

If VA finds that you have a qualifying disability, they will inform you of this decision in writing and send the appropriate documents to Social Security for processing. If they determine that you don't have a qualifying disability and the VSO will return the document to you, and you can appeal this decision within a set time.

A VA lawyer can assist you to get the evidence you need to prove your claim. Our veterans advocate can obtain medical records and opinions from independent medical examiners, and a written statement from the VA treating doctor regarding your condition.

Meeting with VSO VSO

A VSO can help with a variety of programs beyond disability compensation, such as vocational rehabilitation and employment, home loans, lawyers group life insurance, medical benefits, military burial benefits, and many more. They will examine your medical and service records to determine what federal programs are available to you and 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 the interests of a Veteran or dependent with a claim for 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 can discuss your ratings and other state benefits, for which you might be eligible with you once you receive an answer from the federal VA.

The VSO can also assist you to request a hearing with the VA to resolve a problem in case you disagree with a ruling made by the federal VA. The Appeals Modernization Act provides three "lanes" for appeals. They are a supplementary claim, or a more thorough review or a written notice of disagreement to the Board of Veterans Appeals. A VSO can assist you in deciding which appeal or review option is best for your particular situation.

Appeal

The VA appeals process is complex and long. It could take a full year or more to receive a decision, based on the AMA route you choose and whether your case qualifies for priority processing. A veteran disability lawyer can assist you in determining the best course of action and can file an appeal on your behalf if necessary.

There are three methods to appeal a veterans benefits denial however each one takes different amount of time. A lawyer can help you decide which one is right for your situation and explain the VA disability appeals process to help you know what to expect.

If you'd like to bypass the DRO review in order to directly go to BVA then you must complete Form 9 and wait for the regional office to transfer the file to the Board. The BVA will issue a Statement Of Case (SOC). You can request a private hearing before the BVA however, it isn't required.

A supplemental claim provides you with the opportunity to provide fresh and relevant evidence to the VA. This could include medical evidence and non-medical evidence such as lay assertions. Lawyers can present these statements, and also obtain independent medical examinations as well as a vocational expert's opinion on your behalf. If the BVA rejects your supplemental claim you can appeal to the Court of Appeals for galion veterans disability law firm Claims.