How to File a
Veterans Disability Case
Many veterans suffer from medical issues as they join the military, but don't declare them or address them. They believe that the issue will disappear over time or improve.
However, as time goes by, those problems become more severe. Now they need the VA's assistance to obtain compensation. The problem is that the VA won't accept their claims.
Getting Started
Many
Veterans Disability lawyer have to wait for years before filing a disability claim. They may feel that they can deal with the problem or that it will go away by itself without treatment. It is essential to file a claim as soon as the symptoms of disability are severe enough. Let the VA know if you intend to make a claim at later time by submitting an intent to file. This will allow for a later effective date, which makes it easier to recover your money for time you've already been denied due to your disability.
It is vital to include all relevant proof when you file your initial claim. It is essential to include all medical records from civilian hospitals and clinics related to the injuries or illnesses you are planning to claim as well as military records.
When the VA receives your claim they will review it and collect additional evidence from you and your health healthcare providers. Once they have all of the information they require, they'll arrange an appointment for you to take an examination called a Compensation and Pension (C&P) to determine your eligibility.
This must be done in tandem with the separation physical so that your condition is recognized as service-connected even if it is 0%. It is much easier to ask for an increase in rating if your condition worsens.
Documentation
It is crucial to supply all the necessary documentation to your VA disability lawyer in order to get the benefits to which you are entitled. This can include service records, medical documentation and lay evidence such as letters from family members, friends members,
veterans disability lawyer or colleagues who understand how your disabilities affect you.
Your VSO can help you gather the required documentation. This may include medical records from the VA hospital, private physician's reports, diagnostic tests and other evidence to show that you suffer from a disabling condition that was caused by or made worse by your service in the Armed Forces.
VA will then assess the evidence to determine your disability rating. This is done with a schedule designed by Congress that specifies which disabilities are eligible to be compensated and at what percentage.
If VA determines that you have a qualifying disability, they will notify you of their decision in writing, and then send the relevant documents to Social Security for processing. If they conclude that you do not 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 attorney can help you collect evidence to support your claim. Our veterans advocate can collect medical documentation and opinions from independent medical examiners, and also a statement from the VA treating physician regarding your condition.
Meeting with VSO VSO
A VSO can assist with a range of programs, beyond disability compensation. These include vocational rehabilitation as well as employment, home loans and group life insurance. They can also assist with medical benefits and burial benefits. They will review all of your service records and medical information to find out which federal programs you're eligible for and to complete 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
veterans disability lawyer their families. They are authorized to represent the interests of a Veteran or dependent with a claim of any federal benefit.
Once the VA has all the evidence, they will go through it and assign a disability rating based on the severity of your symptoms. If you are granted a decision by the federal VA, a VSO will be able to discuss with you your rating and any additional state benefits that you may be entitled to.
The VSO can also assist you to request an hearing with the VA to resolve a problem in case you disagree with a ruling made by the federal VA. The Appeals Modernization Act provides three "lanes" for appeals. They include a supplementary claim or a review at a higher level, or a notice of disagreement to the Board of Veterans Appeals. A VSO will assist you in determining which appeal or review option is the most appropriate for your situation.
Appeal
The VA appeals process is complex and time-consuming. It could take up to a year or more to receive an answer, based on the AMA route you choose and whether your case is eligible for priority processing. A veteran disability lawyer can assist you in determining the best way to proceed and file a formal appeal on your behalf when necessary.
There are three options for appealing the denial of veterans' benefits Each one of them requires different amounts of time. A lawyer can help you determine which one is the most appropriate for your case, and explain the VA disability claims process to help you understand what you can expect.
If you'd like to skip the DRO review to go 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 then issue a Statement of the Case (SOC). You can request a private hearing before the BVA but it's not required.
A supplemental claim gives you the chance to present new and relevant evidence to the VA. This can include medical evidence and non-medical evidence like lay statements. A lawyer can submit 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 file an appeal to the Court of Appeals for Veterans Claims.