How to File a Veterans Disability Case
Many
veterans disability attorneys who join the military with health issues that they do not report or treat. They believe that the issue will be gone after a while or get better.
However, as time goes by, those problems get worse. Now, they need help from the VA to get compensation. The problem is that the VA isn't going to believe them.
Getting Started
Many
veterans Disability Lawyer wait years before filing a claim for disability. Many veterans wait for years before making a claim for disability. It is important to file a claim when the symptoms of disability get severe enough. If you're planning to make a claim in the future, let the VA know by filing an intent to submit form. This will help establish a earlier effective date, which will make it easier to receive payment for time that you have already lost due to your disability.
It is crucial to include all relevant proof when you submit your initial claim. This includes civilian medical clinic and hospital records that relate to the illness or injuries you plan to claim as well as any military records related to your service.
Once the VA accepts your claim they will review it and seek additional evidence from you and your health care providers. Once they have all of the information they require, they will schedule an appointment for you to take an exam for Compensation and Pension (C&P) to determine your rating.
This should be done in parallel with the separation physical, to ensure that your disability is documented as service-connected, even if the disability is not a percent. It is much easier to ask for an increase in rating should your condition worsens.
Documentation
It is crucial to submit all the documentation required to your VA disability lawyer to ensure that you receive the benefits to which you are entitled. This could include service records, medical documentation and lay evidence such as letters from family members, friends members or coworkers who know how your disabilities affect you.
Your VSO can assist you with gathering the required documentation. This could include medical records from the VA hospital and private physician's records diagnostic tests, and other evidence to show that you have a chronic condition that was caused by or worsened by your time in the Armed Forces.
VA will then assess the evidence to determine your disability rating. This is accomplished using a schedule drafted by Congress that designates which disabilities can be compensated and at what percentage.
If VA finds that you have a qualifying disability, they will inform you of their decision in writing and send the appropriate documents to Social Security for processing. If they conclude that you do not have a qualifying disability, the VSO will return the document to you and the decision is yours to appeal within a specific time.
A VA attorney in Kalamazoo will assist you with gathering the evidence you need to support your claim. Our veterans advocate can obtain medical records and opinions from independent medical examiners, as well as a statement from the VA treating physician regarding your disability.
Meeting with VSO VSO
A VSO can help with a myriad of programs that go beyond disability compensation. They can help with vocational rehabilitation as well as employment, home loans and group life insurance. They can also help with medical benefits as well as military burial benefits. They will look over your medical records and service records to determine which federal programs are available to you and then fill out the required 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 authorised by law to represent the interests of a Veteran, dependent or survivor with a claim for any federal benefit.
When the VA has received all of your evidence, they will go over it, and then give you the rating of disability based on your severity of symptoms. Once you receive a decision by the federal VA, you will be contacted by a VSO can discuss your ratings with you and any other state benefits you might be entitled to.
The VSO can help you request an appointment with the VA in the event you disagree with a decision by the federal VA. In the Appeals Modernization Act, there are three "lanes" that can be used to appeal that includes a supplemental claim, an additional level review or a notice of disagreement to the Board of Veterans Appeals. A VSO can assist you in deciding which appeal or review option is best for your particular situation.
Appeals
The VA appeals process can be complex and time-consuming. Depending on which AMA lane is chosen and if your case is eligible to be handled in a priority manner this could mean it takes an extended time to receive the final decision. An experienced disability attorney can assist you in determining the best route to take and make an appeal on your behalf if required.
There are three avenues to appeal the denial of
veterans disability lawyer' benefits However, each takes different amounts of time. A lawyer can help you decide the best option for you and will explain the VA disability appeals process to help you are aware of what to expect.
If you want to skip the DRO review in order to submit your case directly to BVA, then 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 can request an individual hearing before the BVA but it isn't mandatory.
A supplemental claim is an opportunity to present fresh and relevant evidence to the VA. This includes medical evidence but also non-medical evidence such as statements from lay people. A lawyer can submit these statements and get independent medical exams as well an opinion of a vocational expert on your behalf. If the BVA decides to deny your claim you may appeal to the Court of Appeals for Veterans Claims.