How to File a Veterans Disability Case
Many veterans join military service suffering from medical conditions that they don't report or treat. They figure they will be cured or disappear after a time.
As time passes, these problems continue to get worse. Now they require help from the VA to get compensation. The problem is that the VA isn't going to believe them.
Getting Started
Many veterans are waiting for years before filing a claim for disability. Many
veterans disability law firm wait years before making a claim for disability. It is essential to file a claim when the symptoms of disability get severe enough. If you plan to make a claim in the future and you are unsure of the procedure, let the VA be aware by submitting an intent to file form. This will allow you to establish a more recent effective date and make it easier to get your back pay.
It is essential to include all relevant proof when you submit your initial claim. This includes any medical clinics in the civilian sector and hospital records pertaining to the ailments or injuries you are planning to file a claim for, as well as any military records pertaining to your service.
The VA will examine your claim and obtain additional evidence from you and your healthcare providers. Once they have the data they require, they'll arrange for you to take an examination to determine your compensation and pension (C&P) to determine your eligibility.
It is best to do this in parallel with your separation physical to ensure that it is recognized as a service-connected disability even when the rating is zero%. It will be much easier to ask for an increase in rating in the event that your condition becomes worse.
Documentation
It is crucial to provide all the necessary documentation to your VA disability lawyer in order to get the benefits to which you are entitled. This could include medical documents, service records and letters from family members, friends or colleagues who understand how your disability affects you.
Your VSO can help you gather the required documentation. This can include medical records from the VA Hospital as well as a private physician's note and diagnostic tests, as well as other evidence to prove that you have a disabling illness and that your service in Armed Forces caused or worsened it.
The next step is for VA to assess the evidence and determine your disability rating. This is accomplished using a schedule drafted by Congress that defines which disabilities can be compensated and at what percentage.
If VA determines that you have a qualifying disability, they will notify you of this decision in writing and then send the relevant documents to Social Security for processing. If they find that you don't have a qualifying disability then the VSO will return the form to you. the decision is yours to appeal within a certain time period.
A VA attorney in Kalamazoo can assist you in gathering the evidence required for your claim. Our veterans advocate can get medical documents and opinions from independent medical examiners and a written statement from the VA treating physician regarding your condition.
Meeting with VSO VSO
A VSO can assist with a myriad of programs, ranging from disability compensation. These include vocational rehabilitation as well as employment, home loans and group life insurance. They can also help with medical benefits and military burial benefits. They will go over all of your service records, and medical information, to find out which federal programs you're eligible for and to complete the necessary paperwork required to apply.
Many accredited representatives work for VA-accredited/federally chartered
Veterans Disability Law Firms service organizations (VSOs), which are private non-profit groups that advocate on behalf of Veterans, Servicemembers, and their families. They are authorized to represent any Veteran or a dependent with the claim of any federal benefit.
When the VA has all your evidence, they will review it and give you a disability score based on the severity of your symptoms. A VSO can discuss your ratings and other state benefits for which you might be eligible, with you after you have received a decision from the federal VA.
The VSO can assist you in requesting an appeal to the VA if you disagreed with a decision by the federal VA. Under the Appeals Modernization Act, there are three "lanes" available for an appeal such as a supplemental appeal, higher-level review or a notice of disagreement to the Board of Veterans Appeals. A VSO can assist you in determining which appeal or review option is appropriate for your particular situation.
Appeal
The VA appeals process is complicated and lengthy. It can take a one year or more to get an answer, based on the AMA lane you choose and if your case is eligible for priority processing. A veteran disability attorney can assist you in determining the best way to proceed and can file an appeal on your behalf, if needed.
There are three avenues to appeal the denial of benefits to veterans however each one requires the time in a different way. A lawyer can help you decide which option is the best for your particular situation, and explain the VA disability claims process so that you know what you can expect.
If you'd like to bypass the DRO review to directly go to BVA then you must submit Form 9 and wait for the regional office to transfer the file to the Board. The BVA will issue a Statement Of Case (SOC). You can request a personal hearing before the BVA however it's not required.
A supplemental claim gives you the opportunity to present fresh and relevant evidence to the VA. This includes medical evidence, but also non-medical evidence such lay statements. An attorney is able to submit these statements on behalf of you and can also obtain independent medical exams and a vocational expert's opinion. If the BVA decides to deny your claim you can appeal to the Court of Appeals for Veterans Claims.