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How to File a Veterans Disability Case

Many veterans join military service with medical problems that they do not report or treat. They think that the problems will go away over time or improve.

But as time passes, the problems get worse. They now require the VA's assistance to receive compensation. The problem is that the VA isn't going to believe them.

Getting Started

Many veterans wait years before submitting a disability claim. They may feel that they are able to handle the issue or that it will go away by itself, without treatment. Therefore, it is crucial to begin an application as soon as the disability symptoms become serious enough. Let the VA be aware if you are planning to make a claim at an earlier date by submitting an intention to file. This will enable you to determine a more recent effective date and will make it easier for you to receive your back pay.

It is essential to provide all the relevant documentation when you file your initial claim. This includes civilian medical clinic and hospital records pertaining to the illness or injuries you intend to claim, as well as any military records related to your service.

Once the VA receives your claim, they will review it and gather additional evidence from you and your health medical professionals. Once they have all the evidence they require, they will schedule an appointment for you to take an exam for Compensation and Pension (C&P) in order to determine your eligibility.

This is best done in conjunction with the separation physical, to ensure that your disability is recognized as service-connected even if it is 0%. It will be easier to request an increase in rating if your condition gets worse.

Documentation

To get the benefits you are entitled to, it is vital that you provide your VA disability lawyer with all of the relevant documents. This could include your medical records, service records and lay evidence like letters from family, friends members or colleagues who know how your disabilities affect you.

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

VA will then review the evidence to determine your disability rating. This is accomplished by using the schedule that was created by Congress which specifies the types of disabilities that are eligible for compensation and in what percentage.

If VA finds that you have a qualifying disability, they will inform you of this decision in writing and send the relevant documents to Social Security for processing. If they conclude that you don't have a qualifying disability, the VSO will return the document to you, and they will allow you to appeal the decision within a specific time.

A VA attorney in Kalamazoo can help you gather the evidence you need to support your claim. Our Veterans Disability lawyer advocate can obtain medical records and opinions from independent medical examiners as well as a letter from the VA treating physician about your disability.

Meeting with a VSO

A VSO can assist with a variety of programs beyond disability compensation, including vocational rehabilitation and employment such as home loans and group life insurance, medical benefits, military burial benefits, and more. They will review all of your service records, and medical records to figure out the federal programs you're qualified for and will complete 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 a Veteran or a dependent or veterans disability lawyer survivor with a claim for any federal benefit.

Once the VA has all the evidence, they will go through it and give you a disability score according to the severity of your symptoms. A VSO can discuss your ratings and other state benefits, for which you might be eligible with you once you receive a decision from the federal VA.

The VSO can also assist you to request an appointment with the VA to resolve an issue when you are not satisfied with a decision of the federal VA. The Appeals Modernization Act provides three "lanes" for an appeal. These include a supplementary claim or a review at a higher level or a notification of disagreement to the Board of Veterans Appeals. A VSO will help you determine which appeal/review option is best for your particular situation.

Appeals

The VA appeals procedure can be complex and long. Depending on which AMA lane is chosen and if your case is eligible to be handled in a priority manner, it can take several months to receive the final decision. A veteran disability lawyer can help you determine the best way to proceed and can also file an official appeal on your behalf, if necessary.

There are three options to appeal the denial of benefits to veterans disability attorneys Each one of them requires an varying amount of time. A lawyer can help you determine the best option for your situation and explain the VA disability appeals procedure so that you are aware of what to expect.

If you wish to skip the DRO review and instead go directly to the BVA You must submit an appeal form 9 formal appeal and wait for your regional office 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 isn't required.

A supplemental claim gives you the opportunity to provide fresh and relevant evidence for the VA. This includes medical evidence, but also non-medical evidence such statements made by laypeople. A lawyer can make these statements and obtain independent medical examinations aswell as a vocational expert's opinion on your behalf. If the BVA refuses to accept your supplemental claim you can appeal to the Court of Appeals for Veterans Claims.