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How to File a Veterans Disability Case
Many veterans enter military service suffering from medical conditions that they do not report or treat. They think that the problems will disappear over time or improve.
But years pass and those problems get worse. Now they need VA assistance to get compensation. The VA does not believe the VA.
Getting Started
Many veterans disability lawyers wait years before submitting a disability claim. They may believe that they can manage the problem or that it will disappear by itself, without treatment. This is why it is essential to initiate filing a claim as soon the symptoms of disability become severe enough. If you are planning to pursue a claim in future and you are unsure of the procedure, let the VA be aware by submitting an intent to submit form. This will allow for a later effective date, which makes it easier to claim back your money for time you've been denied due to your disability.
When you file your initial claim, it is crucial to provide all evidence relevant. You should include all medical records from civilian hospitals and clinics that pertain to the injuries or illnesses you are planning to claim and military documents.
The VA will review your claim and collect additional evidence from you and your healthcare providers. Once they have all of the information they require, they'll make an appointment with you to take the Compensation and Pension Exam (C&P) in order to determine your eligibility.
It is best to do this prior to your separation physical to ensure that it is recorded as a service-connected disability even if the rating is 0%. It will be easier to request an increase in rating in the event that your condition worsens.
Documentation
It is crucial to supply all the necessary documentation to your VA disability lawyer to be able to claim the benefits to which you are entitled. This could include medical documents, service records, and letters from relatives, friends or coworkers that know the impact of your disability on you.
Your VSO can assist you with gathering the required documentation. This could include medical records from the VA hospital, private physician's reports diagnostic tests, and other evidence to prove that you suffer from a debilitating condition that was caused by or Veterans Disability worsened due to your service in the Armed Forces.
VA will then evaluate the evidence to determine your disability rating. This is accomplished by using the schedule that was created by Congress that outlines which disabilities are compensable and at what percentage.
If VA finds that you have a qualifying disability, they will notify you of this decision in writing, and then send the appropriate documents to Social Security for processing. If they decide that you do not have a qualifying disability, the VSO will return the documents to you and it is possible to appeal the decision within a certain time period.
A VA attorney in Kalamazoo will assist you with gathering the evidence needed to support your claim. In addition to medical documentation our veterans advocate will 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 help with a wide range of programs that go beyond disability compensation, such as vocational rehabilitation and employment home loans, group life insurance medical benefits as well as military burial benefits and many more. They will go over all of your service records, and medical records to figure out which federal programs you're eligible for and then fill out 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 to represent the interests of a Veteran or a dependent with a claim of any federal benefit.
When the VA has all your evidence, they will go through it and assign a disability rating depending on the severity of your symptoms. After you have been given a decision by the federal VA, you will be contacted by a VSO will discuss with you your ratings and any additional state benefits that you may be entitled to.
The VSO can help you request an hearing with the VA in the event that you are dissatisfied with a decision made by the federal VA. Under the Appeals Modernization Act, there are three "lanes" that can be used to appeal such as a supplemental appeal, a higher level review or a Notice of Disagreement with the Board of Veterans Appeals. A VSO can help you decide which appeal or review options are appropriate for your situation.
Appeal
The VA appeals procedure is complex and lengthy. Depending on which AMA route is chosen and if your case is processed with priority, it can take an extended time to receive a final decision. A veteran disability attorney can help you decide the best route to take and may file an appeal on your behalf if required.
There are three options to appeal the denial of benefits to veterans, but each one takes different amounts of time. A lawyer can assist you in deciding which one is appropriate for your situation and explain the VA disability appeals process so that you understand what to expect.
If you wish to skip the DRO review and veterans disability go directly to the BVA, you must submit a 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 an individual hearing before the BVA but it's not mandatory.
A supplemental claim provides an opportunity to present fresh and relevant evidence to the VA. This includes medical evidence but also non-medical evidence like statements from lay people. Lawyers can present these statements and request independent medical examinations aswell as a vocational expert's opinion on your behalf. If the BVA decides to deny your claim you may appeal to the Court of Appeals for Veterans Claims.
