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How to File a Veterans Disability Case

Many veterans disability lawyer who join the military with medical issues that they do not report or treat. They think that the problems will be gone after a while or get better.

However, as time goes by, those problems become more severe. Now they need VA assistance to receive compensation. The VA isn't convinced by the VA.

Getting Started

Many veterans are waiting for years before filing a claim for disability. Many veterans are waiting for years before filing a disability claim. For this reason, it is essential to initiate a claim as soon as the symptoms of disability get serious enough. If you're planning to pursue a claim in future, inform the VA know by filing an intent to file form. This will establish an earlier effective date, which will make it easier to recover payment for time that you've already missed due to your disability.

When you file the initial claim, you need to include all relevant evidence. You must include all medical records from hospitals and clinics related to the illnesses or injuries you're planning to file a claim for, as well as military records.

Once the VA accepts your claim they will review it and collect additional evidence from you and your health medical professionals. Once they have the data they need, they will arrange for you to take an examination for compensation and pension (C&P) to determine your rating.

It is recommended to complete this prior to your separation physical to ensure it is recognized as a service-connected disability even when the rating is only 0 percent. It will be easier to request an increase in rating should your condition becomes worse.

Documentation

It is crucial to provide all the required documentation to your VA disability lawyer in order to receive the benefits to which you are entitled. This could include medical records, service records and other evidence of a lay nature, such as letters from family, friends members, or colleagues who understand how your disabilities affect you.

Your VSO can help you gather the required documentation. This can include medical records from the VA Hospital, private physician's report and diagnostic tests, as well as other evidence that proves that you have a debilitating illness and that your service in Armed Forces caused or worsened it.

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

If VA determines that you are eligible for disability benefits, they will notify you in writing of their decision and forward all the necessary documents to Social Security. If they determine that you don't have a qualifying disability, the VSO will return the document to you and it is possible to appeal the decision within a set time.

A VA lawyer can assist you to collect evidence to support your claim. Our veterans advocate can also obtain medical documentation and opinions from independent medical examiners, and also a statement from the VA treating doctor about your condition.

Meeting with a VSO

A VSO can assist with a myriad of programs that go beyond disability compensation, including vocational rehabilitation and employment, home loans and group life insurance, medical benefits, military burial benefits, and many more. They will review 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 disability law firm service organizations (VSOs), which are private non-profit groups that advocate on behalf of Veterans, Servicemembers, and their families. They are authorized to represent any Veteran or a dependent who has the claim of any federal benefit.

When the VA receives all of your evidence, they'll review the evidence, and then assign a rating of disability according to the severity of your symptoms. If you are granted a decision by the federal VA, you will be contacted by a VSO will discuss with you the ratings and any other state benefits you may be entitled to.

The VSO can also help you request an hearing with the VA to resolve a problem in case you disagree with a ruling made by the federal VA. In the Appeals Modernization Act, there are three "lanes" that can be used to appeal which include a supplemental claim higher-level review or a notice of disagreement to the Board of Veterans Appeals. A VSO can assist you in deciding which appeal/review options are best for your particular situation.

Appeal

The VA appeals procedure can be complicated and time-consuming. It could take a one year or more to get a decision, depending on the AMA lane you choose and if your case qualifies for priority processing. A veteran disability lawyer can assist you in determining the best way to proceed and can also file an official appeal on behalf of you if necessary.

There are three different ways to appeal a denial of benefits to veterans, but each takes different amount of time. A lawyer can help decide which is best for your situation, and explain the VA disability claims process to help you understand what to expect.

If you want to skip the DRO review in order to submit your case directly to BVA, then you must 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, but it's not required.

A supplemental claim provides you with the opportunity to provide fresh and relevant evidence for the VA. This can include medical evidence, but also non-medical proof like lay statements. A lawyer can make these statements and get independent medical examinations aswell an opinion of a vocational expert on your behalf. If the BVA rejects your supplemental claim you may appeal to the Court of Appeals for Veterans Claims.