See What Veterans Disability Lawyer Tricks The Celebs Are Using

How to File a Veterans Disability Case

Many veterans suffer from medical issues when they enter the military, but they don't declare them or address them. They think that they'll go away or get better after a while.

As the years go by the problems continue to get worse. Now, they need help from the VA 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 might think that they are able to handle the problem or veterans disability Lawyer that it will disappear on its own without treatment. It is crucial to file a claim as soon as the symptoms of disability become severe enough. Let the VA be aware if you are planning to file your claim at a later date by submitting an intention to file. This will establish an earlier effective date, which makes it easier to recover payment for time that you have already lost due to your disability.

It is vital to provide all the relevant documentation when you submit your initial claim. This includes civilian medical clinic and hospital records related to the ailments or injuries you plan to claim, as well as any military records related to your service.

When the VA accepts your claim they will review it and gather additional evidence from you and your health care providers. Once they have all the information they require, they will make an appointment with you to take an examination called a Compensation and Pension (C&P) in order to determine your rating.

It is best to do this prior to your separation physical so that it is recognized as a disability resulting from service, even if the rating is 0 percent. This will make it much easier to file for 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 can include medical records, service records and lay evidence like letters from friends, family members, or colleagues who understand the impact of your disabilities on you.

Your VSO can assist you in gathering the necessary documentation. This may include medical records from the VA hospital, private physician's reports as well as diagnostic tests and other evidence to show that you suffer from a disabling condition that was caused or made worse through your service in the Armed Forces.

VA will then assess the evidence to determine your disability rating. This is done by using a schedule designed by Congress that designates which disabilities can be compensated and at what percentage.

If VA finds that you have a qualifying disability, they will inform you of their decision in writing, and then send the appropriate documents to Social Security for processing. If they find that you do not have a qualifying impairment and the VSO returns the document and you can 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 Lawyer advocate can seek opinions from independent medical examiners and a statement from your VA treating physician on the impact of your disability on your life.

Meeting with VSO VSO

A VSO can assist with a myriad of programs beyond disability compensation, including vocational rehabilitation and employment such as 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 records to find out what federal programs you're eligible for and then complete the necessary paperwork required 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 to represent any Veteran or dependent with an application for any federal benefit.

Once the VA has all your evidence, they'll review it and determine a disability rating according to the severity of your symptoms. A VSO can discuss your rating and other state benefits, for which you could be eligible, with you once you receive a decision from the federal VA.

The VSO can assist you in requesting an interview with the VA in the event that you are dissatisfied with a decision by the federal VA. Under the Appeals Modernization Act, there are three "lanes" that can be used to appeal that includes a supplemental claim, an additional level review or a Notice of Disagreement with the Board of Veterans Appeals. A VSO can assist you in deciding the best appeal/review option for your situation.

Appeals

The VA appeals procedure can be complex and lengthy. It can take a time of up to a year before you receive an answer, based on the AMA lane you choose and whether your case is eligible for priority processing. A veteran disability lawyer can help you decide the best way to proceed and can file an appeal on your behalf if required.

There are three options to appeal a veterans disability lawsuit benefits denial, but each takes different amount of time. A lawyer can assist you in deciding the best option for you. They can also explain the VA disability appeals procedure so that you know what you can expect.

If you wish to skip the DRO review and instead go directly to the BVA You must submit a Form 9 formal appeal and wait for your regional office to transfer your file to the Board. The BVA will then issue an Statement of Case (SOC). You can request a personal hearing before the BVA, but it's not required.

A supplemental claim provides you with the opportunity to provide new and relevant evidence to the VA. This could include medical evidence and non-medical evidence such as lay statements. Lawyers can present these statements and request independent medical tests as well as a vocational expert's opinion on your behalf. If the BVA refuses to accept your supplemental claim you may appeal to the Court of Appeals for Veterans Claims.