How to File a
Veterans Disability Case
Many veterans suffer from medical issues as they join the military, but don't declare them or address them. They believe that the issues will disappear over time or improve.
As time passes as time passes, the issues get worse. Now, they require the VA's help to get compensation. The VA isn't convinced by the VA.
Getting Started
Many
veterans disability lawsuits have to wait for years before submitting a disability claim. They may believe they are able to manage the issue or that it will disappear by itself if they don't seek treatment. It is important to file a claim as soon as the symptoms of disability get severe enough. Let the VA know that you intend to make a claim at a later date by submitting an intent to file. This will allow you to determine an earlier effective date and make it easier for you to receive your back pay.
When you file your initial claim, it is crucial to include all relevant evidence. This includes civilian medical clinic and hospital records that relate to the illness or injuries you are planning to claim, as well any military documents related to your service.
The VA will examine your claim and gather additional evidence from you and your healthcare providers. Once they have all of the information they require, they'll make an appointment with you to take an exam for Compensation and Pension (C&P) to determine your rating.
This must be done in tandem with the separation physical to ensure that your condition is documented as service-connected, even if it's not percent. This will make it easier to apply for an increase in rating later on if your condition worsens.
Documentation
It is important that you provide all the required documentation to your VA disability lawyer in order to receive 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 understand the impact of your disabilities on you.
Your VSO can help you gather the necessary documentation. This may include medical records from the VA hospital as well as private physician's reports or diagnostic tests as well as other evidence to prove that you suffer from a chronic condition that was caused or made worse by your time in the Armed Forces.
VA will then examine the evidence to determine your disability rating. This is done by using an approved schedule by Congress that determines the disabilities that are eligible for compensation and in what percentage.
If VA determines that you are suffering from a qualifying disability, they will notify you of their decision in writing, and then send the relevant documents to Social Security for processing. If they conclude that you don't have a qualifying impairment then the VSO returns the documents and you have the option to appeal the decision within a certain time frame.
A VA lawyer can assist you to get the evidence you need to prove your claim. In addition to medical records Our
veterans disability lawyers advocate can obtain opinions from independent medical examiners as well as a letter from your VA treating physician on the impact of your disability on your daily life.
Meeting with a VSO
A VSO can assist with a variety of programs that go beyond disability compensation. They can help with vocational rehabilitation, employment, home loans and group life insurance. They also can 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 legally authorized to represent a Veteran, dependent or survivor with a claim for any federal benefit.
When the VA has all the evidence, they will evaluate it and determine a disability rating in accordance with the severity of your symptoms. A VSO can discuss your rating and other state benefits for which you might be eligible with you when you receive a decision 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 made by the federal VA. In the Appeals Modernization Act, there are three "lanes" that can be used to appeal that includes a supplemental claim, higher-level review or a Notice of Disagreement to the Board of Veterans Appeals. A VSO can assist you in determining which appeal/review option is best for your situation.
Appeals
The VA appeals process can be complex and lengthy. Depending on which AMA choice is made and whether or not your case qualifies to be treated with priority or not, it could take some time to get the 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 required.
There are three options for appealing the denial of benefits to veterans however each one requires an varying amount of time. A lawyer can assist you in deciding the best option for your particular situation, and explain the VA disability claims process so you know what you can expect.
If you want to skip the DRO review to directly go to BVA then you must complete Form 9 and wait for the regional office to forward the file to the Board. The BVA will then issue a Statement of the Case (SOC). You can request an individual hearing before the BVA but it isn't mandatory.
A supplemental claim provides you with the opportunity to provide fresh and relevant evidence to the VA. This can include medical evidence, but also non-medical proof like lay statements. An attorney can submit these statements on behalf of you and can also obtain independent medical exams and a vocational expert's opinion. If the BVA declines your supplemental claim you can submit an appeal to the Court of Appeals for Veterans Claims.