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How to File a Veterans Disability Case

Many veterans who join the military with medical problems that they do not report or treat. They believe that they will be cured or disappear after a time.

As the years go by, these problems continue to get worse. Now, they require the VA's help to get compensation. The problem is that the VA isn't going to believe them.

Getting Started

Many veterans are waiting for years before submitting a disability claim. They might believe that they can manage the issue or that it will go away by itself without treatment. It is important to file a claim when the symptoms of disability become severe enough. If you intend to pursue a claim in future and you are unsure of the procedure, let the VA know by filing an intent to submit form. This will allow for a later effective date, making it easier to recover pay for the time you have already missed due to your disability.

When you file the initial claim, it is crucial to provide all evidence relevant. You must include all medical records from civilian hospitals and clinics related to the injuries or illnesses you plan to claim and military documents.

Once the VA has received your claim, they will examine it and gather additional evidence from you and your health healthcare providers. Once they have the data they require, they will arrange for you to take an exam for compensation and pension (C&P) to help them decide your rating.

It is recommended to do this in parallel with your separation physical so that it is recorded as a service-connected disability even when the rating is only 0%. This will make it much simpler to obtain an increased rating in the future should your condition get worse.

Documentation

To receive the benefits you are entitled to, it is essential that you give your VA disability lawyer with all relevant documents. This can include medical records, service records and letters from relatives, friends or coworkers that know the impact of your disability on you.

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

VA will then examine the evidence to determine your disability rating. This is done with the schedule that was created by Congress that outlines which disabilities are compensable and in 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 relevant documents to Social Security. If they determine that you don't have a qualifying disability then the VSO returns the form and you are able to appeal the decision within a specified time frame.

A VA attorney can help you get the evidence you need to prove your claim. In addition to medical records Our veterans disability lawsuits advocate can get opinions from independent medical examiners as well as a statement from your VA treating doctor on the impact of your disability on your life.

Meeting with a VSO

A VSO can help with a wide range of programs beyond disability compensation, including vocational rehabilitation and employment loans for home, group life insurance medical benefits including military burial benefits and many more. They will go over all of your service records and medical information, to find out the federal programs you're eligible for and to 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 any Veteran or dependent who is the claim of any federal benefit.

Once the VA receives all of your evidence, they will go over it, and assign an assessment of disability in accordance with the severity of your symptoms. A VSO will discuss your rating, and additional state benefits, for which you could be eligible, after you have received a decision from the federal VA.

The VSO can also assist you to request an appointment with the VA to resolve an issue in the event that you do not agree with a decision made by the federal VA. Under the Appeals Modernization Act, there are three "lanes" that can be used to appeal that includes a supplemental claim, higher-level review or a Notice of Disagreement to the Board of Veterans Appeals. A VSO will help you determine the best appeal or review option for your particular situation.

Appeals

The VA appeals process is complicated and time-consuming. It can take a year or more to receive a decision, based on the AMA choice you make and if your case is eligible for priority processing. A veteran disability lawyer can help you decide the best way to proceed and file an appeal on your behalf if necessary.

There are three ways to appeal the denial of veterans' benefits, but each one takes an varying amount of time. A lawyer can assist you in deciding which one is appropriate for you and will explain the VA disability appeals procedure so that you understand what to expect.

If you prefer to bypass the DRO review and go directly to the BVA You must submit a Form 9 formal appeal and wait for the regional office of your region to transfer your file to the Board. The BVA will issue a Statement of Case (SOC). You can request a personal hearing before the BVA however it's not required.

A supplemental claim provides an opportunity to present 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 get independent medical tests as well an opinion of a vocational expert on your behalf. If the BVA denies your supplemental claim, you can submit an appeal to the Court of Appeals for Veterans Claims.