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How to File a Veterans Disability Case

Many veterans enter military service with medical issues that they don't seek out or treat. They figure they will be cured or disappear after a time.

However, as time goes by, those problems get worse. Now, they need help from the VA to get compensation. The problem is that the VA isn't going to believe them.

Getting Started

Many veterans wait for years before filing an claim. Many veterans are waiting for years before filing a disability claim. For this reason, it is important to start a claim as soon as the disability symptoms become serious enough. Let the VA know if you intend to file a claim on later dates by submitting an intent to file. This will establish an earlier effective date, making it easier to recover pay for the time you've already lost due to your disability.

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

The VA will examine your claim and obtain additional evidence from both you and your healthcare providers. Once they have the information they require, they'll schedule you for an examination to determine your compensation and pension (C&P) to help them decide your rating.

This is best done in conjunction with the separation physical so that your condition is recognized as service-connected even if it is 0 percent. This will make it much easier to apply for an increased rating later if your condition worsens.

Documentation

To receive the benefits you are entitled to, it is crucial to give your VA disability lawyer with all the relevant documents. This can include medical documents, service records and letters from relatives, friends or coworkers who are aware of the impact of your disability on you.

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

The next step is for VA to evaluate the evidence and determine your disability rating. This is done with a schedule drafted by Congress that specifies which disabilities are eligible for compensation and at what percentage.

If VA determines that you are suffering from a qualifying disability, they will inform you of the decision in writing. They will then forward the relevant documents to Social Security for processing. If they conclude that you do not have a qualifying disability, the VSO will return the document to you and you can appeal this decision within a specific time.

A VA attorney in Kalamazoo can assist you in obtaining the evidence required for your claim. Our veterans advocate can obtain medical records and opinions from independent medical examiners and a written statement from the VA treating physician regarding your disability.

Meeting with a VSO

A VSO can help with a range of programs that go 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 your medical and service records to determine what federal programs are available to you. They will also fill with the required forms.

Many accredited representatives work for VA-accredited/federally chartered veterans Disability Lawyer service organizations (VSOs), which are private non-profit groups that advocate on behalf of Veterans, Servicemembers, and their families. They are authorized to represent a Veteran or a dependent with an application for any federal benefit.

When the VA receives all the evidence, they will go over the evidence, and then assign the disability rating in accordance with the severity of your symptoms. After you have been given a decision by the federal VA, the VSO can discuss with you your ratings and any additional benefits from the state that you might be entitled to.

The VSO can also assist you to request an appointment with the VA to resolve a problem in case you disagree with a decision made by 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 notification of disagreement to the Board of Veterans Appeals. A VSO can help you decide which appeal/review options are best for your particular situation.

Appeals

The VA appeals process is lengthy and complicated. It could take a time of up to a year before you receive an answer, based on the AMA option you select and if your case is eligible for priority processing. A veteran disability lawyer can assist you in determining the best path to take and may make an appeal on your behalf if necessary.

There are three methods to appeal a Veterans Benefits denial however each one takes different amounts of time. A lawyer can help you determine which is best for your particular situation, and also explain the VA disability claims process so you are aware of what you can expect.

If you wish to bypass the DRO review for you to directly submit your case to BVA the BVA, then complete 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 a personal hearing before the BVA however, it isn't required.

A supplemental claim gives you the opportunity to provide fresh and relevant evidence to the VA. This includes medical proof, but also non-medical evidence, such as statements from lay people. Lawyers can present these statements and obtain independent medical tests as well as a vocational expert's recommendation on your behalf. If the BVA declines your supplemental claim, you can submit an appeal to the Court of Appeals for Veterans Claims.