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How to File a Veterans Disability Case

Many veterans go into military service with health issues which they don't report or treat. They think that they'll disappear or improve after a time.

As time passes as time passes, the issues continue to worsen. Now they need the VA's assistance to receive compensation. The problem is that the VA won't believe them.

Getting Started

Many veterans wait years before filing a claim for disability. They may believe they are able to manage the problem or that it will go away by itself, without treatment. It is crucial to file a claim when the symptoms of disability become severe enough. If you plan to pursue a claim in future you should let the VA be aware by submitting an intent to file form. This will help you establish an effective date that is more recent and will make it easier to get your back pay.

It is essential to include all relevant proof when you file your initial claim. Include all medical records from civilian clinics and hospitals pertaining to the illnesses or injuries you plan to claim and military documents.

The VA will review your claim and collect additional evidence from you and your healthcare providers. Once they have all the evidence they require, they'll set up an appointment to take a Compensation and Pension Exam (C&P) to determine your rating.

This should be done in parallel with the separation physical, so that your disability is documented as service-connected, even if it is 0 percent. This will make it much simpler to obtain an increased rating in the future should your condition get worse.

Documentation

It is important that you provide all the required documentation to your VA disability lawyer to ensure that you receive the benefits to which you are entitled. This could include medical documents, service records as well as letters from friends, relatives or coworkers that know how your disability affects you.

Your VSO can assist you in gathering the required documentation. This may include medical records from the VA hospital, private physician's reports or diagnostic tests as well as other evidence to show that you suffer from a debilitating condition and veterans Disability Lawyer that it was caused by or made worse by your time in the Armed Forces.

VA will then assess the evidence to determine your disability rating. This is done using a schedule drafted by Congress which defines which disabilities are compensable and in what percentage.

If VA determines that you are eligible for disability benefits, they will notify you in writing of their decision. They will also send all relevant documents to Social Security. If they decide that you don't have a qualifying impairment, the VSO returns the document to you and you may appeal the decision within a specified time period.

A VA attorney can help you find evidence to support your claim. In addition, to medical documentation our veterans disability attorney advocate will get opinions from independent medical examiners and an opinion from your VA treating physician regarding the impact of your disability on your daily life.

Meeting with VSO VSO

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

Many accredited representatives work for VA-accredited/federally chartered veterans disability law firm 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 a Veteran or dependent who has a claim to any federal benefit.

After the VA receives all of your evidence, they will go over it, and then assign an assessment of disability in accordance with the severity of your symptoms. A VSO can discuss your rating as well as any other state benefits to which you may be eligible, with you once you receive an answer from the federal VA.

The VSO can help you request an interview with the VA if you disagreed with a decision of the federal VA. The Appeals Modernization Act provides three "lanes" for an appeal. They include a supplementary claim or a higher-level review, or a notice of disagreement to the Board of Veterans Appeals. A VSO can help you decide which appeal or review options are appropriate for your situation.

Appeal

The VA appeals process can be complicated and lengthy. Depending on which AMA route is chosen and whether or not your case is eligible to be treated with priority or not, it could take several months to receive an answer. A veteran disability attorney can assist you in determining the best course of action and may file an appeal on your behalf, if needed.

There are three options for appealing the denial of benefits to veterans Disability Lawyer Each one of them requires different amounts of time. A lawyer can help you decide the best option for your situation, and also explain the VA disability claims process so that you know what to expect.

If you want to skip the DRO review to directly go to BVA the BVA, then fill out 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 may request an individual hearing before the BVA but it's not mandatory.

A supplemental claim gives you the opportunity to present new and relevant evidence to the VA. This includes medical evidence but also non-medical evidence like statements from lay people. An attorney is able to submit these statements on your behalf and also get independent medical exams and a vocational expert opinion. If the BVA denies your supplemental claim, you can submit an appeal to the Court of Appeals for Veterans Claims.