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How to File a Veterans Disability Case

Many veterans have medical problems after they join the military, but don't reveal them or treat them. They figure they will go away or get better after a time.

But as time passes, the problems get worse. Now they need help from the VA to receive compensation. The problem is that the VA won't accept their claims.

Getting Started

Many veterans are waiting for years before filing an claim. Many veterans disability lawyers are waiting for years before filing a disability claim. It is crucial to file filing a claim as soon the disability symptoms become serious enough. If you're planning to pursue a claim in future you should let the VA be aware by submitting an intent to submit form. This will allow for a later effective date, making it easier to recover your money for time you've already lost due to your disability.

It is crucial to include all relevant proof when you submit your initial claim. You must include all medical records from civilian clinics and hospitals pertaining to the illnesses or injuries you plan to claim and military documents.

The VA will review your claim and collect additional evidence from you and your healthcare providers. Once they have the data they require, they will schedule you for an examination for compensation and pension (C&P) to help them decide your rating.

It is recommended to complete this in conjunction 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 rating in the event that your condition becomes worse.

Documentation

To receive the benefits you are entitled to, it is essential to give your VA disability lawyer with all the relevant documentation. This may include service records, medical documentation and lay evidence like letters from family members, friends members, or coworkers who understand how your disabilities affect you.

Your VSO can help you gather the necessary documentation. This may include medical records from the VA hospital, private physician's reports as well as diagnostic tests and other evidence to prove that you suffer from a debilitating condition that was caused or worsened by your service in the Armed Forces.

VA will then assess the evidence to determine your disability rating. This is accomplished by using an established schedule by Congress which defines 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 relevant documents to Social Security. If they decide that you don't have a qualifying disability then the VSO will return the documents to you and you can appeal this decision within a specific time.

A VA lawyer in Kalamazoo can help you gather the evidence you need to support your claim. In addition, to medical documentation, our veterans advocate can obtain opinions from independent medical examiners and a letter from your VA treating physician on the impact of your disability on your life.

Meeting with a VSO

A VSO can assist with a variety of programs that go beyond disability compensation, including vocational rehabilitation and employment home loans, group life insurance medical benefits, military burial benefits, and more. They will review all of your records from service, and medical records to figure out the federal programs you're eligible for and 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 authorized to represent any Veteran or dependent with the claim of any federal benefit.

After the VA has received all of your evidence, they will examine it, and then give you the disability rating in accordance with the severity of your symptoms. A VSO can discuss your rating and other state benefits for which you could be eligible, after you have received an answer from the federal VA.

The VSO can assist you in requesting an appeal to the VA in the event you disagree with a decision of the federal VA. In the Appeals Modernization Act, there are three "lanes" available for an appeal: a supplemental claim, higher-level review or a notice of disagreement to the Board of Veterans Appeals. A VSO can assist you in deciding which appeal or review option is best for your particular situation.

Appeal

The VA appeals process is lengthy and complicated. It could take a full year or longer to receive a decision, depending on the AMA option you select and if your case qualifies for priority processing. A veteran disability lawyer can assist you in determining the best route to take and file a formal appeal on behalf of you if required.

There are three options to appeal the denial of veterans' benefits, but each one takes a different amount of time. A lawyer can help you decide which option is best for your case and can explain the VA disability appeals process to help you know what to expect.

If you want to forgo the DRO review and instead 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 issue a Statement of Case (SOC). You can request an individual hearing before the BVA but it isn't mandatory.

A supplemental claim is an chance to present new and relevant evidence to the VA. This includes medical proof, but also non-medical evidence such as lay statements. A lawyer can submit these statements and request independent medical tests as well an opinion of a vocational expert on your behalf. If the BVA rejects your supplemental claim You can file an appeal to the Court of Appeals for Veterans Claims.