How to File a
Veterans Disability Case
Many veterans join military service suffering from medical conditions that they do not report or treat. They believe that the issue will go away after a time or improve.
But as time passes, the problems become more severe. Now they need the VA's assistance to get compensation. The problem is that the VA won't accept their claims.
Getting Started
Many veterans are waiting for years before making claims. Many veterans wait years before making a claim for disability. It is important to file a claim when the symptoms of disability become serious enough. Let the VA know if you plan to make a claim at later dates by submitting an intention to file. This will establish an earlier effective date, making it easier to recover pay for the time you've been denied due to your disability.
It is essential to include all relevant proof when you submit your initial claim. Include all medical records from civilian hospitals and clinics that pertain to the illnesses or injuries you are planning to claim and military records.
Once the VA accepts your claim they will review it and seek additional evidence from you and your health care providers. Once they have the data they require, they'll schedule you for an exam for compensation and pension (C&P) to help them decide your rating.
This must be done in tandem with the separation physical, to ensure that your disability is recorded as service-connected even if it is 0%. This will make it easier to file for an increase in your rating should your condition get worse.
Documentation
It is essential to provide all the necessary documentation to your VA disability lawyer to be able to claim the benefits to which you are entitled. This could include your medical records, service records and lay evidence like 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 could include medical records from the VA Hospital, private physician's report and diagnostic tests, as well as other evidence to prove that you suffer from a chronic illness and that your time in the Armed Forces caused or worsened it.
The next step is for VA to assess the evidence and determine your disability rating. This is done by using the schedule that was created by Congress which defines which disabilities are compensable and in what percentage.
If VA finds that you qualify for disability benefits, they will inform you in writing of their decision. They will also send all relevant documents to Social Security. If they decide that you don't have a qualifying impairment and the VSO returns the documents and you have the option to appeal the decision within a specific time frame.
A VA lawyer in Kalamazoo can assist you in gathering the evidence needed to support your claim. In addition to medical documentation our veterans advocate will obtain opinions from independent medical examiners as well as an opinion from your VA treating doctor regarding the impact of your disabilities on your daily life.
Meeting with VSO VSO
A VSO can help with a range of programs, beyond disability compensation. They can help with vocational rehabilitation, employment, home loans and group life insurance. They can also help with medical benefits and burial benefits. They will look over all of your records from service, and medical information to find out which federal programs you are qualified for and will complete the necessary paperwork required 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 by law to represent any Veteran, dependent or survivor who has a claim to any federal benefit.
After the VA has all your evidence, they will evaluate it and give you a disability score in accordance with the severity of your symptoms. A VSO will discuss your rating and other state benefits to which you might be eligible with you when you receive an answer from the federal VA.
The VSO can also assist you to request a hearing with the VA to resolve a problem when you are not satisfied with a decision of the federal VA. The Appeals Modernization Act provides three "lanes" to appeal. These include a supplementary claim, or a more thorough review or a notice of disagreement to the Board of Veterans Appeals. A VSO can assist you in deciding which appeal or review options are appropriate for your particular situation.
Appeals
The VA appeals process is complicated and lengthy. Based on which AMA option is selected and whether or not your case qualifies to be handled in a priority manner or not, it could take several months to receive a final decision. A veteran disability lawyer can help you determine the best route to take and may file a formal appeal on your behalf, if needed.
There are three ways to appeal the denial of benefits to veterans Each one of them requires the time in a different way. A lawyer can help you decide the best option for your situation and explain the VA disability appeals process so that you are aware of what to expect.
If you want to skip the DRO review to directly go to BVA the Board, you must submit 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 may request a personal hearing before the BVA however, it is not mandatory.
A supplemental claim gives you the opportunity to present new and relevant evidence to the VA. This can include medical evidence as well as non-medical evidence like lay statements. Lawyers can submit these statements, and also obtain independent medical tests as well an opinion of a vocational expert on your behalf. If the BVA denies your claim, you can appeal to the Court of Appeals for veterans disability law Firms (
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