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How to File a Veterans Disability Case

Many veterans go into military service with medical issues that they don't seek out or treat. They think that the problems will disappear after a period of time or improve.

But years pass and veterans disability those problems become more severe. Now, they need help from the VA to receive compensation. The problem is that the VA won't accept their claims.

Getting Started

Many veterans are waiting for years before submitting a disability claim. Many veterans are waiting for years before filing a disability claim. It is important to file a claim as soon as the symptoms of disability become severe enough. Let the VA know if you plan to file a claim at a later date by submitting an intention to file. This will enable you to establish an earlier effective date and make it easier to get your back pay.

When you file the initial claim, it is crucial to include all relevant evidence. This includes civilian medical clinic and hospital records regarding the ailments or injuries you are planning to claim as well as any military records related to your service.

Once the VA receives your claim they will review it and collect additional evidence from you and your health healthcare providers. Once they have the information they need, they will schedule you for a compensation and pension exam (C&P) to determine your eligibility.

It is recommended to complete this in parallel with your separation physical so that it is recorded as a disability resulting from service, even when the rating is zero%. It is easier to ask for an increase in rating should your condition gets worse.

Documentation

It is essential to submit all the documentation required to your VA disability lawyer to be able to claim the benefits to which you are entitled. This could include medical documents, service records as well as letters from relatives, friends or coworkers who know how your disability affects 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 diagnostic tests, and other evidence to show that you suffer from a disabling condition and that it was caused or worsened by your service in the Armed Forces.

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

If VA finds that you suffer from a qualifying disability, they will notify you of their decision in writing and then send the relevant documents to Social Security for processing. If they find that you don't have a qualifying disability and the VSO will return the document to you and the decision is yours to appeal within a specific time.

A VA lawyer in Kalamazoo can assist you in gathering the evidence needed to support your claim. In addition, to medical documentation our veterans advocate will get opinions from independent medical examiners, as well as a letter from your VA treating doctor regarding the impact of your disability on your life.

Meeting with a VSO

A VSO can assist with a wide range of programs beyond disability compensation, such as vocational rehabilitation and employment home loans as well as group life insurance, medical benefits, military burial benefits, and more. They will look over your medical and service records to determine which federal programs are available to you and fill with the required forms.

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 dependent who has a claim to any federal benefit.

Once the VA receives all of your evidence they will review it, and assign an assessment of disability according to the severity of your symptoms. After you have been given a decision by the federal VA, you will be contacted by a VSO can discuss with you the ratings and any additional benefits from the state that you might be entitled to.

The VSO can also assist you to request an appeal to the VA to resolve a problem in case you disagree with a ruling made by the federal VA. The Appeals Modernization Act provides three "lanes" for appeals. They are a supplementary claim, or a more thorough review or a notice of disagreement to the Board of veterans disability attorney Appeals. A VSO can help you decide the best appeal/review option for your situation.

Appeal

The VA appeals procedure can be complex and lengthy. Depending on which AMA lane is chosen and whether or not your case is eligible to be treated with priority or not, it could take a long time to receive the final decision. A veteran disability lawyer can assist you in determining the best path to follow and can file a formal appeal on your behalf, if needed.

There are three avenues to appeal the denial of veterans' benefits, but each one takes a different amount of time. A lawyer can help you decide which one is right for you and will explain the VA disability appeals process to help you are aware of what to expect.

If you wish to bypass the DRO review to directly go to BVA the Board, you must submit Form 9 and wait for the regional office to forward the file to the Board. The BVA will issue a Statement Of Case (SOC). You can request a private hearing before the BVA however it is not mandatory.

A supplemental claim is an opportunity to provide new and relevant evidence to the VA. This can include medical evidence and non-medical evidence such as lay statements. A lawyer can make these statements, and also obtain independent medical tests as well as a vocational expert's opinion on your behalf. If the BVA rejects your supplemental claim you may file an appeal to the Court of Appeals for Veterans Claims.