How to File a Veterans Disability Case
Many
veterans disability law firms join military service suffering from medical conditions that they don't report or treat. They believe that the issues will go away after a while or get better.
But years pass and those problems become more severe. They now require the VA's assistance to get compensation. The VA does not believe the VA.
Getting Started
Many veterans have to wait for years before filing a claim. Many veterans wait for years before filing a disability claim. It is essential to initiate filing a claim as soon the symptoms of disability become severe enough. If you intend to file a claim in the future then let the VA know by submitting an intent to submit form. This will allow for a later effective date, making it easier to claim back money for the time you have already been denied due to your disability.
When you file the initial claim, you need to include all relevant evidence. It is essential to include all medical records from civilian hospitals and clinics that pertain to the illnesses or injuries you plan to claim as well as military documents.
When the VA has received your claim, they will review it and gather additional evidence from you and your health healthcare providers. Once they have the information they require, they'll schedule you for an examination to determine your compensation and pension (C&P) to determine your rating.
It is best to do this in conjunction with your separation physical to ensure it is recorded as a service-connected disability even when the rating is zero%. It is easier to ask for an increase in your rating if your condition becomes worse.
Documentation
To get the benefits you are entitled to, it is essential that you provide your VA disability lawyer with all relevant documents. This may include service records, medical documentation and other evidence of a lay nature, such as letters from family members, friends members or coworkers who know how your disabilities affect you.
Your VSO can assist you in gathering the necessary documentation. This could include medical records from the VA hospital, private physician's reports or diagnostic tests as well as other evidence to prove that you suffer from a disabling condition and that it was caused by or made worse by your service in the Armed Forces.
The next step is for VA to examine the evidence and determine your disability rating. This is done by using an approved schedule by Congress that specifies which disabilities can be compensated and in what percentage.
If VA determines that you qualify for disability benefits, they will notify you in writing of their decision. They will also send all relevant documents to Social Security. If they determine that you do not have a qualifying impairment, the VSO returns the documents and you have the option to appeal the decision within a specified time frame.
A VA attorney in Kalamazoo can assist you in obtaining the evidence needed for your claim. Our veterans advocate can obtain medical records and opinions from independent medical examiners and also a statement from the VA treating doctor regarding your condition.
Meeting with VSO VSO
A VSO can assist with a wide range of programs that go beyond disability compensation, such as vocational rehabilitation and employment home loans and group life insurance, medical benefits including military burial benefits and more. They will look over your medical and service records to determine which federal programs are available to you and fill the necessary 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, Servicemembers, and their families. They are legally able to represent any Veteran, dependent or survivor with a claim for any federal benefit.
Once the VA has received all of your evidence, they'll review it, and assign a rating of disability based on your severity of symptoms. After you have been given a decision by the federal VA, the VSO can discuss with you your rating and any other state benefits you might be entitled to.
The VSO can help you request an hearing with the VA if you disagreed with a decision made by the federal VA. In the Appeals Modernization Act, there are three "lanes" available for an appeal which include a supplemental claim an additional level review or an appeal to the Board of Veterans Appeals. A VSO can assist you in determining the best appeal or
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Appeals
The VA appeals process is complicated and lengthy. Depending on which AMA option is selected and if your case is handled in a priority manner, it can take an extended time to receive a final decision. A veteran disability
attorney can help you decide the best course of action and make an appeal on your behalf if required.
There are three avenues to appeal the denial of benefits to veterans However, each takes the time in a different way. A lawyer can help decide the best option for your situation, and explain the VA disability claims process so that you know what you can expect.
If you wish to bypass the DRO review in order to submit your case directly to BVA the Board, 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 a private hearing before the BVA however it is not required.
A supplemental claim gives you the opportunity to provide fresh and relevant evidence to the VA. This could include medical evidence as well as non-medical evidence like lay statements. An attorney can present these statements on behalf of you and also obtain independent medical examinations and a vocational expert's opinion. If the BVA rejects your supplemental claim you can appeal to the Court of Appeals for Veterans Claims.