How to File a Veterans Disability Case
Many
Veterans Disability Lawyer who join the military with health issues that they don't seek out or treat. They believe that the issue will disappear after a time or improve.
As time passes, the 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 law firm wait for years before filing a disability claim. They may feel that they can deal with the issue or that it will disappear by itself if they don't seek treatment. It is crucial to file a claim when the symptoms of disability get severe enough. Let the VA know that you intend to file a claim at later time by submitting an intent to file. This will establish an earlier effective date, which will make it easier to claim back money for the time you have already missed out on because of your disability.
When you file the initial claim, it is important to provide all evidence relevant. You must include all medical records from civilian hospitals and clinics pertaining to the ailments or injuries you intend to claim, as well as military records.
The VA will examine your claim and request additional evidence from both you and your healthcare providers. Once they have all the evidence they require, they'll set up an appointment to take an examination called a Compensation and Pension (C&P) in order to determine your rating.
It is recommended to do this in conjunction with your separation physical, so that it is recognized as a service-connected disability even if the rating is 0 percent. It is much easier to request an increase in rating if your condition becomes worse.
Documentation
It is important that you supply all the necessary documentation to your VA disability lawyer in order to get the benefits to which you are entitled. This can include medical records, service records and other evidence of a lay nature, such as letters from relatives, friends members or colleagues who know the impact of your disabilities on 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 or diagnostic tests, and other evidence that shows 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 the schedule created by Congress that designates which disabilities can be compensated and in what percentage.
If VA finds that you suffer from a qualifying disability, they will notify you of the decision in writing. They will then forward the appropriate documents to Social Security for processing. If they determine that you don't have a qualifying disability, the VSO will return the form to you. you can appeal this decision within a set time.
A VA attorney can help you collect evidence to support your claim. In addition to medical records our veterans advocate can seek opinions from independent medical examiners as well as an opinion from your VA treating doctor on the impact of your disabilities on your life.
Meeting with a VSO
A VSO can assist with a wide range of programs, beyond disability compensation. They can help with vocational rehabilitation as well as employment, home loans and group life insurance. They can also assist with medical benefits and military burial benefits. They will examine your medical records and service records to determine the federal programs 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 authorized to represent a Veteran or a dependent with the claim of any federal benefit.
After the VA has all the evidence, they will review it and give you a disability score based on the severity of your symptoms. A VSO can discuss your rating and any additional state benefits, for which you may be eligible, with you after you have received a decision from the federal VA.
The VSO can also help you request an hearing with the VA to resolve an issue when you are not satisfied with a decision made by the federal VA. The Appeals Modernization Act provides three "lanes" for an appeal. These include a supplementary claim, or a more thorough 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.
Appeals
The VA appeals process can be lengthy and complicated. Based on which AMA choice is made and if your case is eligible to be processed with priority and it could take several months to receive an answer. A veteran disability attorney can assist you in determining the best path to take and file an appeal on your behalf in the event of a need.
There are three options for appealing the denial of benefits to veterans however each one requires a different amount of time. A lawyer can help you determine which is best for your particular situation, and also explain the VA disability claims process so that you know what you can expect.
If you want to skip the DRO review in order to go directly to BVA the BVA, then 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 may request an individual hearing before the BVA but it's not mandatory.
A supplemental claim provides you with the chance to submit new and relevant evidence to the VA. This can include medical evidence as well as non-medical evidence such as lay assertions. Lawyers can submit these statements and obtain independent medical exams as well an opinion of a vocational expert on your behalf. If the BVA denies your claim, you may appeal to the Court of Appeals for
veterans disability law firms Claims.