How to File a Veterans Disability Case

Many veterans enter military service with health issues that they don't report or treat. They believe that the issue will go away after a time or improve.

As time passes as time passes, the issues continue to get worse. Now they need help from the VA to get compensation. The VA does not believe the VA.

Getting Started

Many veterans disability law firm wait for a long time before filing claims. Many veterans are waiting for years before filing a disability claim. This is why it is important to start a claim as soon as the symptoms of disability become severe enough. Let the VA know if you plan to file a claim at later dates by submitting an intention to file. This will allow for a later effective date, which makes it easier to recover payment for time that you've missed out on because of your disability.

It is vital to include all relevant proof when you submit your initial claim. This includes any medical clinics in the civilian sector and hospital records related to the ailments or injuries you are planning to file a claim for, as well as any military documents related to your service.

Once the VA has received your claim, they will review it and collect additional evidence from you and your health medical professionals. Once they have all the evidence they require, they'll set up an appointment to take a Compensation and Pension Exam (C&P) in order to determine your rating.

It is best to do this in parallel with your separation physical so that it is documented as a service-connected disability even in the event that the rating is 0%. It is easier to ask for an increase in your rating if your condition gets worse.

Documentation

It is vital that you 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 your service records, medical documentation and even lay evidence, such as letters from friends, family members or coworkers who know how your disabilities affect you.

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

VA will then assess the evidence to determine your disability rating. This is done by using an approved schedule by Congress that specifies which disabilities are eligible to be compensated and at what percentage.

If VA finds that you qualify for disability benefits, they will notify you in writing of their decision. They'll also send all the necessary documents to Social Security. If they determine that you do not have a qualifying impairment then the VSO returns the documents and you have the option to appeal the decision within a predetermined period of time.

A VA lawyer can assist you to collect evidence to support your claim. Our veterans advocate can also obtain medical records and opinions from independent medical examiners and a written statement from the VA treating doctor regarding your disability.

Meeting with VSO VSO

A VSO can assist with a range of programs that go beyond disability compensation. They can help with vocational rehabilitation, employment, home loans and group life insurance. They can also assist with medical benefits and military burial benefits. They will go over all of your service records, and medical records to find out the federal programs you're qualified for and will fill out the required 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, Servicemembers, and their families. They are legally authorized to represent an Veteran or their dependents or survivors who has a claim to any federal benefit.

When the VA has received all of your evidence, they will examine it, and then give you a rating of disability according to the severity of your symptoms. Once you receive a decision by the federal VA, a VSO will discuss with you your ratings and any additional state benefits you might be entitled to.

The VSO can assist you in requesting an hearing with the VA in the event that you are dissatisfied with a decision of the federal VA. The Appeals Modernization Act provides three "lanes" for an appeal. They are a supplementary claim or a higher-level review or a 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.

Appeal

The VA appeals procedure is complex and lengthy. It could take a full time of up to a year before you receive the outcome, depending on the AMA route you choose and whether your case is eligible for priority processing. A veteran disability lawyer can help you determine the best path to follow and file a formal appeal on your behalf if required.

There are three avenues to appeal the denial of veterans' benefits Each one of them requires different amounts of time. A lawyer can help you determine which is best for your particular situation, and explain the VA disability claims process so you know what to expect.

If you decide to forgo the DRO review and go directly to the BVA you must submit an appeal form 9 formal appeal and wait for your regional office to forward your appeal 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 you with the chance to present new and relevant evidence to the VA. This can include medical evidence, but also non-medical evidence such statements made by laypeople. Lawyers can present these statements and obtain independent medical examinations aswell as a vocational expert's opinion on your behalf. If the BVA denies your claim, you may appeal to the Court of Appeals for Veterans Claims.