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How to File a Veterans Disability Case

Many veterans go into military service with medical issues which they don't report or treat. They figure they will be cured or disappear after a while.

But years pass and those problems become more severe. Now they need the VA's assistance to receive compensation. The VA isn't convinced by the VA.

Getting Started

Many veterans disability attorney have to wait for years before filing a disability claim. They may feel that they can manage the issue or think it will disappear by itself, without treatment. It is important to start filing a claim as soon the disability symptoms become serious enough. If you intend to submit a claim in the future, let the VA know by filing an intent to file form. This will help establish a earlier effective date, which will make it easier to receive payment for time that you've already missed out on because of your disability.

It is vital to include all relevant proof when you submit your initial claim. It is essential to include all medical records from clinics and hospitals pertaining to the ailments or injuries you plan to claim as well as military records.

The VA will examine your claim and obtain additional evidence from you and your healthcare providers. Once they have the data they need, they will schedule you for a compensation and pension exam (C&P) to help them decide your rating.

This should be done in parallel with the separation physical, to ensure that your disability is recognized as service-connected even if it's not%. It will be easier to request an increase in rating in the event that your condition gets worse.

Documentation

To receive the benefits you are entitled to, it's essential to give your VA disability lawyer with all of the relevant documentation. This could include medical documents, service records and letters from friends, relatives or coworkers who know how your disability affects you.

Your VSO can help you gather the necessary documentation. This could include medical records from the VA hospital or private physician's report, 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.

VA will then evaluate the evidence to determine your disability rating. This is accomplished using a schedule drafted by Congress that designates which disabilities can be compensated and in what percentage.

If VA determines that you qualify for disability benefits, they will inform you in writing of their decision. They will also send all relevant documents to Social Security. If they determine that you do not have a qualifying impairment The VSO returns the document to you and you may appeal the decision within a certain timeframe.

A VA lawyer in Kalamazoo can help you gather the evidence needed for your claim. In addition to medical records our veterans disability lawyer (Highly recommended Reading) advocate can obtain opinions from independent medical examiners as well as a statement from your VA treating doctor regarding the impact of your disabilities on your daily life.

Meeting with a VSO

A VSO can assist with a variety of programs, which extend beyond disability compensation. They can help with vocational rehabilitation as well as employment, home loans and group life insurance. They can also assist with medical benefits and burial benefits. They will look over all of your records from service, and medical information to find out the federal programs you're qualified for and will complete the required paperwork 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, Servicemembers, and their families. They are authorized to represent the interests of a Veteran or a dependent with the claim of any federal benefit.

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

The VSO can also help you request a hearing with the VA to resolve a problem in the event that you do not agree with a decision made by the federal VA. In the Appeals Modernization Act, there are three "lanes" that can be used to appeal that includes a supplemental claim, higher-level review or a notice of disagreement to the Board of veterans disability attorney Appeals. A VSO can help you decide which appeal or review option is appropriate for your situation.

Appeal

The VA appeals process is complicated and long. It could take a full year or longer to receive an answer, based on the AMA option you select and whether your case is eligible for priority processing. A veteran disability lawyer can help you determine the best course of action and file a formal appeal on your behalf when needed.

There are three different ways to appeal a Veterans Benefits denial However, each requires different amounts of time. A lawyer can help you determine which one is the most appropriate for your situation and explain the VA disability claims process so you know what you can expect.

If you wish to skip the DRO review and go directly to the BVA you must submit a Form 9 formal appeal and wait for your regional office to forward your appeal 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's not required.

A supplemental claim gives you the chance to present new and relevant evidence to the VA. This includes medical evidence but also non-medical evidence such as declarations from laypeople. A lawyer can make these statements, and also obtain independent medical tests as well an opinion of a vocational expert on your behalf. If the BVA denies your supplemental claim You can file an appeal to the Court of Appeals for Veterans Claims.