How to File a
veterans disability law firms Disability Case
Many veterans experience medical issues when they join the military, but don't declare them or address them. They figure they will disappear or improve after a while.
As the years go by, these problems get worse. Now they need help from the VA to receive compensation. The VA does not believe the VA.
Getting Started
Many veterans have to wait for years before filing a disability claim. They may believe that they can manage the problem or that it will disappear by itself without treatment. It is crucial to file a claim as soon as the symptoms of disability become serious enough. If you plan to make a claim in the future, let the VA know by filing an intent to submit form. This will establish an earlier effective date, which will make it easier to receive your money for time you've already missed out on because of your disability.
It is vital to include all relevant proof when you submit your initial claim. It is essential to include all medical records from hospitals and clinics that pertain to the illnesses or injuries you plan to claim as well as military records.
The VA will review your claim and collect additional evidence from you and your healthcare providers. Once they have all the information they require, they will set up an appointment to take a Compensation and Pension Exam (C&P) to determine your rating.
This must be done in tandem with the separation physical, to ensure that your condition is recorded as service-connected even if it is 0 percent. This will make it simpler to obtain an increased rating in the future when your condition becomes worse.
Documentation
It is essential to provide all the required documentation to your VA disability lawyer to ensure that you receive the benefits to which you are entitled. This can include medical documents, service records, and letters from relatives, friends or coworkers that know the impact of your disability on you.
Your VSO can assist you in gathering the necessary documentation. This could include medical records from the VA hospital, private physician's reports, diagnostic tests and other evidence to show that you suffer from a chronic condition and that it was caused or made worse by your time in the Armed Forces.
The next step is for VA to evaluate the evidence and determine your disability rating. This is accomplished by using an established schedule by Congress that outlines which disabilities are compensable and in what percentage.
If VA finds that you have a qualifying disability, they will notify you of this decision in writing and send the relevant documents to Social Security for processing. If they decide that you do not have a qualifying disability and the VSO will return the document to you, and it is possible to appeal the decision within a specific time.
A VA attorney in Kalamazoo can help you gather the evidence needed for your claim. Our
veterans disability attorney advocate can also collect medical documentation and opinions from independent medical examiners as well as a statement from the VA treating doctor about your disability.
Meeting with a VSO
A VSO can help with a myriad of programs, beyond disability compensation. These include vocational rehabilitation and employment, home loan and group life insurance. They can also help with medical benefits as well as military burial benefits. They will examine 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, Servicemembers, and their families. They are authorized by law to represent an Veteran or dependent with a claim for any federal benefit.
After the VA receives all of your evidence, they will examine the evidence, and then assign the rating of disability according to the severity of your symptoms. If you are granted a decision by the federal VA, a VSO will be able to discuss with you the ratings and any additional state benefits you may be entitled to.
The VSO can also assist you to request an appointment with the VA to resolve an issue when you are not satisfied with a decision of the federal VA. Under the Appeals Modernization Act, there are three "lanes" that can be used to 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 deciding which appeal/review options are best for your situation.
Appeals
The VA appeals procedure is complicated and time-consuming. Depending on which AMA route is chosen and if your case is eligible to be treated with priority or not, it could take some time to get an answer. A veteran disability lawyer can help you decide the best path to take and may file an appeal on your behalf if required.
There are three options for appealing the denial of
veterans disability lawyers' benefits However, each takes the time in a different way. A lawyer can assist you in deciding which option is best for you and will explain the VA disability appeals procedure so that you understand what to expect.
If you prefer to bypass the DRO review and go directly to the BVA You must submit a Form 9 formal appeal and wait for the regional office of your region to transfer your file to the Board. The BVA will issue a Statement of Case (SOC). You can request an individual hearing before the BVA but it's not required.
A supplemental claim gives you the opportunity to provide new and relevant evidence for the VA. This includes medical proof, but also non-medical evidence like lay statements. Lawyers can submit these statements and obtain independent medical examinations aswell as a vocational expert's opinion on your behalf. If the BVA rejects your supplemental claim you may appeal to the Court of Appeals for Veterans Claims.