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How to File a Veterans Disability Case

Many veterans join military service suffering from medical conditions that they don't report or treat. They believe that they will disappear or improve after a time.

But years pass and those problems get worse. Now they need VA help to get compensation. The problem is that the VA won't believe them.

Getting Started

Many veterans wait years before submitting a disability claim. They might think that they are able to handle the issue or believe that it will go away by itself if they don't seek treatment. This is why it is important to start a claim as soon as the symptoms of disability become serious enough. If you're planning to make a claim in the future then inform the VA know by filing an intent to file form. This will allow you to establish an earlier effective date and will make it easier to claim your back pay.

It is crucial to provide all the relevant documentation when you submit your initial claim. You must include all medical records from civilian clinics and hospitals pertaining to the ailments or injuries you are planning to claim as well as military documents.

When the VA accepts your claim they will review it and seek additional evidence from you and your health medical professionals. Once they have the data they require, they will schedule you for an exam for compensation and pension (C&P) to determine your eligibility.

This should be done in parallel with the separation physical so that your condition is categorized as service-connected even if it is 0 percent. It is much easier to ask for an increase in rating should your condition worsens.

Documentation

It is essential to supply all the necessary 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 lay evidence like 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 could include medical records from the VA Hospital or a private doctor's report, diagnostic tests, and other evidence that proves you suffer from a chronic illness and that your time in the Armed Forces caused or worsened it.

The next step is for VA to assess the evidence and determine your disability rating. This is done with a schedule created by Congress which defines the types of disabilities that are eligible for compensation and at what percentage.

If VA finds that you have a qualifying disability, they will inform you of their decision in writing and then send the appropriate documents to Social Security for processing. If they decide that you do not have a qualifying disability then the VSO will return the document to you, and it is possible to appeal the decision within a specified time.

A VA attorney can help you get the evidence you need to prove your claim. In addition to medical records our veterans disability lawsuits advocate can seek opinions from independent medical examiners, as well as a letter from your VA treating doctor regarding the impact of your disability on your life.

Meeting with VSO VSO

A VSO can help with a wide range of programs beyond disability compensation, such as vocational rehabilitation and employment loans for home, group life insurance medical benefits as well as military burial benefits and more. They will look over your medical records and service records to determine the federal programs available to you and then fill in 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, and their families. They are authorised by law to represent an Veteran or their dependents or survivors 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 could be eligible, after you have received an answer from the federal VA.

The VSO can assist you in requesting an interview with the VA if you disagreed with a decision by the federal VA. Under the Appeals Modernization Act, there are three "lanes" available for an appeal that includes a supplemental claim, an upper-level review, or a Notice of Disagreement with the Board of veterans disability law firms Appeals. A VSO can assist you in deciding which appeal or review option is best for your situation.

Appeals

The VA appeals process can be lengthy and complicated. It could take a year or more to receive an answer, based on the AMA route you choose and if your case is eligible for priority processing. An experienced disability attorney can assist you in determining the best route to take and may file an appeal on your behalf, if needed.

There are three options to appeal a denial of veterans benefits however each one takes different amounts of time. A lawyer can help decide which is best for your case, and also explain the VA disability claims process so you know what to expect.

If you decide to forgo the DRO review and instead go directly to the BVA You must submit a Form 9 formal appeal and wait for the regional office in your area to transfer your appeal to the Board. The BVA will issue a Statement of Case (SOC). You may request a personal hearing before the BVA, but it's not required.

A supplemental claim provides you with the chance to submit new and relevant evidence for the VA. This can include medical evidence as well as non-medical evidence such as lay assertions. A lawyer can make these statements and obtain independent medical examinations as well an expert's opinion from a vocational specialist on your behalf. If the BVA rejects your supplemental claim you can appeal to the Court of Appeals for Veterans Claims.