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How to File a Veterans Disability Case

Many veterans experience medical issues when they enter the military, but don't declare them or address them. They think they'll disappear or improve after a while.

But as time passes, the problems get worse. They now require assistance from the VA to receive compensation. The VA isn't convinced by the VA.

Getting Started

Many veterans wait for years before filing a disability claim. They may believe that they can manage the issue or think it will go away by itself if they don't seek treatment. It is important to file a claim as soon as the symptoms of disability become severe enough. Let the VA know that you intend to file your claim at later time by submitting an intent to file. This will help establish a earlier effective date, which makes it easier to get back money for the time you have already been denied due to your disability.

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

The VA will examine your claim and gather 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 determine your eligibility.

This should be done in parallel with the separation physical to ensure that your disability is recorded as service-connected even if the disability is not a%. This will make it much easier to file for an increase in rating later on when your condition becomes worse.

Documentation

In order to obtain the benefits you are entitled to, it is essential that you provide your VA disability lawyer with all of the relevant documentation. This may include service records, medical documentation and lay evidence such as letters from family, friends members, or colleagues who understand how your disabilities affect you.

Your VSO can assist you in gathering the necessary 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 that you suffer from a chronic illness and that your service in Armed Forces caused or worsened it.

The next step is for VA to examine the evidence and determine your disability rating. This is done with the schedule created by Congress that determines the disabilities that are eligible for compensation and at what percentage.

If VA finds that you suffer from a qualifying disability, they will notify you of the decision in writing. They will then forward the appropriate documents to Social Security for processing. If they conclude that you don't have a qualifying disability and the VSO will return the document to you, and they will allow you to appeal the decision within a set time.

A VA lawyer in Kalamazoo can assist you in gathering the evidence needed to support your claim. Our veterans disability lawsuits advocate can obtain medical documentation and opinions from independent medical examiners as well as a statement from the VA treating physician about your disability.

Meeting with VSO VSO

A VSO can help with a range of programs beyond disability compensation, including vocational rehabilitation and employment, home loans, group life insurance, medical benefits as well as military burial benefits and many more. They will review all of your service records, and medical information, to find out what federal programs you're eligible for and then 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, Servicemembers, and their families. They are authorized by law to represent any Veteran or their dependents or survivors who has a claim to any federal benefit.

After the VA receives all of your evidence, they will examine it, and assign an assessment of disability according to the severity of your symptoms. A VSO can discuss your rating and other state benefits to which you might be eligible, with you when you receive an answer from the federal VA.

The VSO can help you request an hearing with the VA in the event you disagree with a decision of the federal VA. In 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 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 lengthy. It could take a full one year or more to get an answer, based on the AMA lane you choose and whether your case qualifies for priority processing. A veteran disability lawyer can assist you in determining the best path to follow and may file a formal appeal on your behalf when necessary.

There are three different ways to appeal a denial of benefits to veterans Each one requires different amount of time. A lawyer can assist you in deciding which option is best for your case and can explain the VA disability appeals procedure so that you are aware of what to expect.

If you wish to bypass the DRO review for you to directly submit your case to BVA, then you must submit Form 9 and wait for the regional office to forward the file to the Board. The BVA will then issue a Statement of the Case (SOC). You may request an individual hearing before the BVA but it's not a requirement.

A supplemental claim provides an opportunity to provide new and relevant evidence to the VA. This can include medical evidence and non-medical evidence such as lay assertions. A lawyer can submit these statements and obtain independent medical exams 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.