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How to File a Veterans Disability Case

Many veterans join military service with medical problems that they don't report or treat. They figure they will be cured or disappear after a while.

As time passes, the problems get worse. Now they require help from the VA to receive compensation. The VA doesn't believe the VA.

Getting Started

Many veterans disability Lawyer have to wait for years before filing a claim for disability. They may feel they are able to manage the issue or think it will go away on its own without treatment. It is important to file a claim when the symptoms of disability become severe enough. If you plan to pursue a claim in future, inform the VA know by submitting an intent to submit form. This will set a more effective date, which will make it easier to recover payment for time that you've been denied due to your disability.

When you file the initial claim, you need to provide all evidence relevant. This includes medical clinics for civilians and hospital records regarding the illnesses or injuries you're planning to claim as well as any military records pertaining to your service.

The VA will examine your claim and obtain additional evidence from you and your healthcare providers. Once they have all the data they require, they will set up an appointment to take an examination called a Compensation and Pension (C&P) to determine your eligibility.

This should be done in parallel with the separation physical to ensure that your condition is documented as service-connected, even if it's 0 percent. It is much easier to ask for an increase in rating should your condition becomes worse.

Documentation

In order to obtain the benefits you are entitled to, it is essential to provide your VA disability lawyer with all of the relevant documentation. This could include medical documents, service records, and letters from friends, relatives or coworkers that know how your disability affects you.

Your VSO can assist you in obtaining the necessary documentation. This could include medical records from the VA Hospital, private physician's report as well as diagnostic tests and other evidence that shows that you are suffering from a condition that is disabling 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 the schedule that was created by Congress which defines the types of disabilities that are eligible for compensation and in what percentage.

If VA finds that you have a qualifying disability, they will inform you of the decision in writing, and Veterans Disability Lawyer then send the relevant documents to Social Security for processing. If they decide that you don't have a qualifying disability The VSO returns the form and you are able to appeal the decision within a specific time frame.

A VA attorney can help you collect evidence to support your claim. In addition to medical evidence our veterans advocate can get opinions from independent medical examiners and a letter from your VA treating doctor on the impact of your disability on your daily life.

Meeting with a VSO

A VSO can assist with a range of programs that go beyond disability compensation, such as vocational rehabilitation and employment loans for home as well as group life insurance, medical benefits as well as military burial benefits and many more. They will go over all of your service records, and medical information to find out the federal programs you're eligible for and fill out the required paperwork for you to apply.

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 disability law firms, Servicemembers, Veterans disability Lawyer and their families. They are legally able to represent any Veteran or their dependents or survivors who has a claim to any federal benefit.

After the VA has all of your evidence, they will review it and give you a disability score based on the severity of your symptoms. Once you receive a decision by the federal VA, the VSO will be able to discuss with you the ratings and any other state benefits you might be entitled to.

The VSO can assist you in requesting an hearing with the VA in the event that you are dissatisfied with a decision of the federal VA. The Appeals Modernization Act provides three "lanes" for appeals. They include a supplementary claim or a review at a higher level, or a notice of disagreement to the Board of Veterans Appeals. A VSO can assist you in deciding which appeal/review options are best for your particular situation.

Appeals

The VA appeals process is complicated and lengthy. Based on which AMA option is selected and if your case is eligible to be handled in a priority manner and it could take an extended time to receive a final decision. A veteran disability lawyer can help you determine the best way to proceed and may file a formal appeal on your behalf when needed.

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 the best option for your particular situation, and explain the VA disability claims process to help you understand what you can expect.

If you wish to skip the DRO review and go directly to the BVA you must submit an appeal form 9 formal appeal and wait for your regional office to forward your file to the Board. The BVA will then issue a Statement of the Case (SOC). You can request a personal hearing before the BVA however, it isn't required.

A supplemental claim gives you the opportunity to present new and relevant evidence to the VA. This can include medical evidence and non-medical evidence like lay statements. An attorney can submit these statements on behalf of you and can also obtain independent medical examinations and a vocational expert's opinion. If the BVA decides to deny your claim you can appeal to the Court of Appeals for Veterans Claims.