How to File a
Veterans Disability Case
Many veterans who join the military with medical issues that they do not report or treat. They think that the problem will be gone after a while or get better.
As time passes and the conditions continue to get worse. They now require the VA's assistance to receive compensation. The VA does not believe in the VA.
Getting Started
Many veterans wait for a long time before filing claims. They might think that they are able to handle the problem or that it will go away by itself without treatment. It is crucial to file a claim when the symptoms of disability become severe enough. If you plan to file a claim in the future, inform the VA know by filing an intent to submit form. This will establish an earlier effective date, making it easier to get back money for the time you have already missed due to your disability.
When you file the initial claim, it is crucial to include all relevant evidence. This includes the medical clinics of civilians and hospital records regarding the injuries or illnesses you are planning to claim, as well as any military records that pertain to your service.
The VA will examine your claim and gather additional evidence from both you and your healthcare providers. Once they have all the evidence they require, they will schedule an appointment for you to take an examination called a Compensation and Pension (C&P) in order to determine your eligibility.
It is recommended to do this in conjunction with your separation physical so that it is recorded as a disability resulting from service, even when the rating is zero%. It will be much easier to ask for an increase in rating if your condition worsens.
Documentation
To get the benefits you are entitled to, it is essential to provide your VA disability lawyer with all of the relevant documentation. This can include service records, medical documentation and lay evidence such as letters from relatives, friends members or coworkers who know how your disabilities affect you.
Your VSO can assist you in gathering the necessary documentation. This can include medical records from the VA Hospital or a private doctor's report as well as diagnostic tests and
Veterans Disability Lawyer other evidence to prove that you have a debilitating illness and that your time in the Armed Forces caused or worsened it.
The next step is for VA to review the evidence and determine your disability rating. This is done with a schedule designed by Congress that defines which disabilities are eligible for compensation and in what percentage.
If VA finds that you have a qualifying disability, they will notify you of this decision in writing and then send the relevant documents to Social Security for processing. If they conclude that you do not have a qualifying impairment and the VSO returns the form and you are able to appeal the decision within a specified timeframe.
A VA attorney in Kalamazoo can assist you in gathering the evidence needed for your claim. Our veterans advocate can get medical documents and opinions from independent medical examiners and a written statement from the VA treating doctor about your condition.
Meeting with a VSO
A VSO can help with a variety of programs, beyond disability compensation. They can help with vocational rehabilitation and employment, home loan and group life insurance. They also can assist with medical benefits and burial benefits. They will go through your medical and service records to determine which federal programs are accessible 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 Disability Lawyer, Servicemembers, and their families. They are authorized by law to represent a Veteran or their dependents or survivors who has a claim to any federal benefit.
Once the VA has all the evidence, they will review it and assign a disability rating according to the severity of your symptoms. A VSO will discuss your rating and any additional state benefits for which might be eligible after you have received an answer from the federal VA.
The VSO can also assist you to request a hearing with the VA to resolve an issue in the event that you do not agree with a decision of the federal VA. Under the Appeals Modernization Act, there are three "lanes" available for an appeal that includes a supplemental claim, a 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.
Appeal
The VA appeals process can be complex and long. Depending on the AMA lane is chosen and if your case qualifies to be treated with priority and it could take an extended time to receive a final decision. A veteran disability lawyer can help you decide the best route to take and may file an appeal on your behalf if necessary.
There are three ways to appeal the denial of benefits to veterans however each one requires an varying amount of time. A lawyer can help you decide which option is the best for your situation, and explain the VA disability claims process to help you understand what you can expect.
If you wish to bypass the DRO review in order to submit your case directly to BVA then you must fill out Form 9 and wait for the regional office to forward the file to the Board. The BVA will issue a Statement Of Case (SOC). You can request a personal hearing before the BVA however, it isn't required.
A supplemental claim gives you the chance to present new and relevant evidence to the VA. This includes medical proof, but also non-medical evidence, such as statements from lay people. A lawyer can make these statements and get independent medical examinations as well as a vocational expert's recommendation on your behalf. If the BVA refuses to accept your supplemental claim you can appeal to the Court of Appeals for Veterans Claims.