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How to File a Veterans Disability Case
Many veterans suffer from medical issues when they enter the military, but don't declare them or address them. They think they'll go away or get better after a while.
As the years go by the problems get worse. Now they need help from the VA to receive compensation. The VA does not believe the VA.
Getting Started
Many veterans wait for years before filing a disability claim. Many veterans wait for years before making a claim for disability. It is crucial to begin the process as soon as the symptoms of disability become serious enough. Let the VA be aware if you are planning to file a claim at later time by submitting an intention to file. This will help establish a earlier effective date, which will make it easier to claim back your money for time you've missed due to your disability.
It is crucial to include all relevant evidence when you submit your initial claim. This includes medical clinics for civilians and hospital records that relate to the injuries or illnesses you are planning to claim, as well as any military documents related to your service.
The VA will examine your claim and gather additional evidence from you and your healthcare providers. Once they have all the evidence they require, veterans Disability they will make an appointment with you to take the Compensation and Pension Exam (C&P) to determine your eligibility.
It is recommended to complete this prior to your separation physical, so that it is recorded as a disability that is service-connected, even in the event that the rating is 0%. It is much easier to ask for an increase in your rating if your condition gets worse.
Documentation
To receive the benefits you are entitled to, it is essential that you provide your VA disability lawyer with all relevant documentation. This can include medical records, service records and other evidence of a lay nature, such as letters from friends, family members, or coworkers who understand how your disabilities affect you.
Your VSO can assist you in gathering the required documentation. This can include medical records from the VA Hospital and a private physician's report, diagnostic tests, and other evidence that proves you have a disabling illness and that your service in Armed Forces caused or worsened it.
The next step is for VA to assess the evidence and determine your disability rating. This is done by using a schedule created by Congress that outlines the types of disabilities that are eligible for compensation and at what percentage.
If VA finds that you suffer from a qualifying disability, they will notify you of the decision in writing, and then send the relevant documents to Social Security for processing. If they determine that you don't have a qualifying disability and the VSO returns the form and you are able to appeal the decision within a predetermined time period.
A VA attorney can help you get the evidence you need to prove your claim. In addition to medical records, our veterans advocate can seek opinions from independent medical examiners, as well as a statement from your VA treating doctor regarding the impact of your disability on your daily life.
Meeting with VSO VSO
A VSO can assist with a variety of programs that go beyond disability compensation. They can help with vocational rehabilitation employment, home loans, and group life insurance. They also can assist with medical benefits and burial benefits. They will go over all of your service records and medical information, to find out what federal programs you're eligible for and then fill out the necessary paperwork 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, veterans disability Servicemembers, and their families. They are legally authorized to represent a Veteran or their dependents or survivors with a claim for any federal benefit.
After the VA has all of your evidence, they will evaluate it and assign a disability rating depending on the severity of your symptoms. A VSO will discuss your rating as well as any other state benefits for which you might 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 a problem when you are not satisfied with a decision made by the federal VA. The Appeals Modernization Act provides three "lanes" for an appeal. These are a supplemental claim or a review at a higher level or a written notice of disagreement to the Board of Veterans Appeals. A VSO can assist you in deciding which appeal/review options are best for your situation.
Appeals
The VA appeals process can be complicated and lengthy. It could take a time of up to a year before you receive a decision, based on the AMA lane you choose and whether your case qualifies for priority processing. A veteran disability lawyer can help you determine the best course of action and file a formal appeal on behalf of you if required.
There are three methods to appeal a denial of veterans benefits, but each takes different amount of time. A lawyer can assist you in deciding which one is appropriate for your case and can explain the VA disability appeals process to help you are aware of what to expect.
If you decide to forgo the DRO review and instead go directly to the BVA you must file a Form 9 formal appeal and wait for your regional office to transfer your file to the Board. The BVA will issue a Statement Of Case (SOC). You can request an individual hearing before the BVA but it isn't mandatory.
A supplemental claim gives you the opportunity to provide fresh and relevant evidence to the VA. This could include medical evidence, but also non-medical proof like lay statements. An attorney can submit these statements on your behalf and also get independent medical exams and a vocational expert opinion. If the BVA declines your supplemental claim You can file an appeal to the Court of Appeals for veterans disability Claims.
