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How to File a Veterans Disability Case

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

As the years go by and the conditions continue to get worse. Now they require help from the VA to receive compensation. The VA does not believe in the VA.

Getting Started

Many veterans disability lawsuits wait for years before filing a claim for disability. They might think that they can manage the issue or believe that it will go away by itself, without treatment. It is crucial to file a claim as soon as the symptoms of disability are 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 allow for a later effective date, which will make it easier to receive your money for time you have already missed out on because of your disability.

When you file your initial claim, you need to include all relevant evidence. This includes any medical clinics in the civilian sector and hospital records related to the illnesses or injuries you intend to claim, as well any military records that pertain to your service.

Once the VA has received your claim, they will review it and collect additional evidence from you and your health medical professionals. Once they have the information they require, they'll schedule you for a compensation and pension exam (C&P) to determine your eligibility.

It is recommended to complete this prior to your separation physical to ensure it is recorded as a disability resulting from service, even if the rating is 0%. It is easier to ask for an increase in rating in the event that your condition worsens.

Documentation

It is vital that you provide all the required documentation to your VA disability lawyer in order to get the benefits to which you are entitled. This could include medical records, service records and letters from friends, relatives or coworkers who know the impact of your disability on you.

Your VSO can assist you in gathering the required documentation. This could include medical records from the VA Hospital as well as a private physician's note, diagnostic tests, and other evidence that proves you suffer from a chronic illness and that your participation in Armed Forces caused or worsened it.

VA will then examine the evidence to determine your disability rating. This is done with an established schedule by Congress that outlines the types of disabilities that are eligible for compensation and in what percentage.

If VA decides that you are eligible for disability benefits, they will notify you in writing of their decision. They'll also send all relevant documents to Social Security. If they find that you do not have a qualifying impairment then the VSO returns the form and you are able to appeal the decision within a specified time period.

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

Meeting with a VSO

A VSO can help with a wide range of programs that go beyond disability compensation, including vocational rehabilitation and employment, home loans, group life insurance, medical benefits including military burial benefits and more. They will go over all of your records from service, and medical information, to find out what federal programs you're eligible for and to fill out the necessary 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 legally able to represent an Veteran or their dependents or survivors with a claim for any federal benefit.

After the VA has all your evidence, they'll review it and assign a disability rating depending on the severity of your symptoms. If you are granted a decision by the federal VA, the VSO will discuss your ratings with you and any additional benefits from the state that you might be entitled to.

The VSO can also help you request an appeal to the VA to resolve a problem when you are not satisfied with a decision made by the federal VA. In the Appeals Modernization Act, there are three "lanes" available for an appeal which include a supplemental claim an additional level review or a Notice of Disagreement with the Board of Veterans Appeals. A VSO can assist you in deciding which appeal/review options are best for your situation.

Appeals

The VA appeals procedure is complicated and time-consuming. Depending on the AMA route is chosen and whether or not your case qualifies to be considered prioritised, it can take an extended time to receive a final decision. A veteran disability lawyer can assist you in determining the best way to proceed and may file a formal appeal on your behalf, if needed.

There are three different ways to appeal a denial of veterans benefits, but each takes different amounts of time. A lawyer can assist you in deciding which option is the best for your case, and also explain the VA disability claims process so that you know what to expect.

If you'd like to bypass the DRO review to submit your case directly to BVA, then you must submit Form 9 and wait for the regional office to transfer the file to the Board. The BVA will then issue an Statement of Case (SOC). You may request a personal hearing before the BVA however, it is not mandatory.

A supplemental claim provides an opportunity to present new and relevant evidence to the VA. This can include medical evidence, but also non-medical proof such as lay assertions. An attorney can present these statements on behalf of you and can also obtain independent medical exams and a vocational expert opinion. If the BVA rejects your supplemental claim you may appeal to the Court of Appeals for Veterans Claims.