How to File a Veterans Disability Case

Many veterans go into military service with health issues which they don't report or treat. They think that the problems will go away after a period of time or improve.

But as time passes, the problems become more severe. Now they need help from the VA to receive compensation. The VA isn't convinced by the VA.

Getting Started

Many veterans wait for a long time before filing an claim. Many veterans wait for years before making a claim for disability. Therefore, it is important to start the process as soon as the symptoms of disability become serious enough. If you plan to pursue a claim in future then let the VA be aware by submitting an intent to file form. This will allow for a later effective date, which makes it easier to recover pay for the time you have already been denied due to your disability.

It is vital to provide all the relevant documentation when you file your initial claim. This includes any medical clinics in the civilian sector and hospital records that relate to the ailments or injuries you plan to claim as well as any military documents related to your service.

The VA will examine your claim and request additional evidence from you and your healthcare providers. Once they have all the data they require, they will make an appointment with you to take an exam for Compensation and Pension (C&P) to determine your eligibility.

This should be done in conjunction with the separation physical to ensure that your disability is categorized as service-connected even if it's 0 percent. It will be easier to ask for an increase in rating if your condition worsens.

Documentation

It is crucial to submit all the documentation required to your VA disability lawyer to ensure that you receive the benefits to which you are entitled. This could include medical documents, service records and letters from friends, relatives or coworkers who know how your disability affects you.

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

The next step is for VA to review the evidence and determine your disability rating. This is accomplished by using the schedule that was created by Congress which specifies which disabilities are compensable and in what percentage.

If VA determines that you are suffering from a qualifying disability, they will inform you of their decision in writing. They will then forward the appropriate documents to Social Security for processing. If they find that you do not have a qualifying disability then the VSO will return the document to you, and the decision is yours to appeal within a specified time.

A VA lawyer can assist you to gather evidence for your claim. In addition to medical evidence, our veterans advocate can seek opinions from independent medical examiners as well as an opinion from your VA treating physician on the impact of your disabilities on your life.

Meeting with a VSO

A VSO can help with a myriad of programs that go beyond disability compensation. These include vocational rehabilitation employment, home loans, and group life insurance. They can also assist with medical benefits and burial benefits. They will examine your medical and service records to determine the federal programs available to you and fill in the required paperwork.

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 disability lawsuit, Servicemembers, and their families. They are authorized to represent a Veteran or a dependent who has the claim of any federal benefit.

When the VA receives all your evidence, they will examine it, and then give you the disability rating according to the severity of your symptoms. If you are granted a decision by the federal VA, the VSO will be able to discuss with you your ratings and any additional benefits from the state that you may be entitled to.

The VSO can also help you request an hearing with the VA to resolve an issue in the event that you do not agree with a decision of the federal VA. The Appeals Modernization Act provides three "lanes" for an appeal. They include a supplementary claim or Veterans Disability a review at a higher level, or a notice of disagreement to the Board of Veterans Appeals. A VSO can assist you in determining the best appeal or review option for your situation.

Appeal

The VA appeals procedure is complex and lengthy. It could take a full year or more to receive the outcome, depending on the AMA option you select and whether your case is eligible for priority processing. An experienced disability attorney can help you decide the best course of action and may make an appeal on your behalf, if needed.

There are three avenues to appeal the denial of veterans' benefits However, each takes different amounts of time. A lawyer can help you determine which is best for your particular situation, and also explain the VA disability claims process so you are aware of what you can expect.

If you'd like to bypass the DRO review to directly go to BVA, then you must complete Form 9 and wait for the regional office to transfer the file to the Board. The BVA will then issue an Statement of Case (SOC). You can request an individual hearing before the BVA but it's not mandatory.

A supplemental claim gives you the opportunity to provide new and relevant evidence to the VA. This includes medical evidence, but also non-medical evidence, such as lay statements. Lawyers can submit these statements and get independent medical tests as well as a vocational expert's opinion on your behalf. If the BVA refuses to accept your supplemental claim you can appeal to the Court of Appeals for veterans disability lawyers Claims.