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How to File a veterans disability lawsuit Disability Case

Many veterans who join the military with medical issues which they don't report or treat. They figure they will disappear or improve after a time.

As time passes, the problems become more severe. Now, they require the VA's assistance to receive compensation. The VA does not believe the VA.

Getting Started

Many veterans have to wait for years before filing a claim for disability. Many veterans disability law firms are waiting for years before making a claim for disability. It is important to file a claim when the symptoms of disability become severe enough. If you plan to submit a claim in the future and you are unsure of the procedure, let the VA know by filing an intent to file form. This will enable you to establish an effective date that is more recent and will make it easier for you to claim your back pay.

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

Once the VA accepts your claim they will review it and collect additional evidence from you and your health care providers. Once they have the data they require, they will schedule you for a compensation and pension exam (C&P) to determine your rating.

This should be done in conjunction with the separation physical to ensure that your disability is documented as service-connected, even if it is 0 percent. This will make it much easier to request an increased rating in the future should your condition get worse.

Documentation

It is vital that you provide all the required documentation to your VA disability lawyer in order to receive the benefits to which you are entitled. This can include medical documents, service records, and letters from family members, friends or colleagues who understand the impact of your disability on you.

Your VSO can assist you in gathering the necessary documentation. This could include medical records from the VA hospital, private physician's reports, diagnostic tests and other evidence to show that you suffer from a debilitating condition and that it was caused or made worse through 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 designates the disabilities that are eligible for compensation and at what percentage.

If VA determines that you qualify for disability benefits, they will inform you in writing of their decision and send all the relevant documents to Social Security. If they decide that you don't have a qualifying disability, the VSO will return the documents to you and it is possible to appeal the decision within a specified time.

A VA lawyer in Kalamazoo will assist you with gathering the evidence needed to support your claim. Our veterans advocate can also obtain medical records and opinions from independent medical examiners as well as a letter from the VA treating physician about your condition.

Meeting with a VSO

A VSO can help with a myriad of programs that go 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 go over all of your service records, and medical information, to find out which federal programs you're eligible for and fill out the necessary paperwork required to apply.

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 the interests of a Veteran or dependent who is an application for any federal benefit.

After the VA has all your evidence, they will go through it and assign a disability rating based on the severity of your symptoms. A VSO will discuss your rating and other state benefits for which you could be eligible, with you once you receive an answer from the federal VA.

The VSO can also help you request an hearing with the VA to resolve an issue in the event that you do not agree with a decision made by the federal VA. The Appeals Modernization Act provides three "lanes" for appeals. These include a supplementary claim or a higher-level review or a written notice of disagreement to the Board of Veterans Appeals. A VSO will assist you in determining the best appeal or review option for your situation.

Appeals

The VA appeals procedure is complicated and lengthy. It could take a one year or veterans disability lawyer more to get an answer, based on the AMA lane you choose and whether your case qualifies for priority processing. A veteran disability lawyer can assist you in determining the best course of action and can file a formal appeal on your behalf when necessary.

There are three ways to appeal a veterans benefits denial however each one takes different amounts of time. A lawyer can assist you in deciding which option is best for your case and can explain the VA disability appeals process so that you know what you can expect.

If you wish to skip the DRO review and go directly to the BVA, you must submit a Form 9 formal appeal and wait for your regional office to forward 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 is not mandatory.

A supplemental claim provides an opportunity to present new and relevant evidence to the VA. This includes medical evidence, but also non-medical evidence such as statements from lay people. An attorney can make these statements on behalf of you and can also obtain independent medical examinations and a vocational expert opinion. If the BVA declines your supplemental claim you may file an appeal to the Court of Appeals for Veterans Claims.