How to File a Veterans Disability Case
Many veterans have medical problems as they join the military, but don't reveal them or treat them. They think they'll be cured or disappear after a time.
As the years go by the problems continue to get worse. Now they need the VA's help to get compensation. The VA does not believe in the VA.
Getting Started
Many
veterans disability lawyer have to wait for years before filing a claim. Many veterans wait years before filing a disability claim. This is why it is crucial to begin the process as soon as the symptoms of disability get serious enough. If you plan to file 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 help you establish a more recent effective date and will make it easier to get your back pay.
When you file your initial claim, it is crucial to include all relevant evidence. This includes any medical clinics in the civilian sector and hospital records regarding the illness or injuries you're planning to file a claim for, as well as any military records pertaining to your service.
When the VA accepts your claim they will review it and collect additional evidence from you and your health medical professionals. Once they have all the data they require, they will schedule an appointment for you to take the Compensation and Pension Exam (C&P) in order to determine your rating.
This is best done in conjunction with the separation physical, so that your condition is documented as service-connected, even if it is 0 percent. It is easier to ask for an increase in rating should your condition worsens.
Documentation
It is crucial to supply all the necessary documentation to your VA disability lawyer to ensure that you receive the benefits to which you are entitled. This could include medical documents, service records as well as letters from friends, relatives or colleagues who understand how your disability affects you.
Your VSO can help you gather the required documentation. This could include medical records from the VA Hospital or a private doctor's report as well as diagnostic tests and other evidence to prove that you suffer from a chronic illness and that your service in the Armed Forces caused or worsened it.
VA will then assess the evidence to determine your disability rating. This is done by using a schedule drafted by Congress which defines the types of disabilities that are eligible for compensation and at what percentage.
If VA determines 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 determine that you don't have a qualifying disability and the VSO returns the document to you and you may appeal the decision within a specific time period.
A VA lawyer in Kalamazoo can assist you in obtaining the evidence required for your claim. Our
veterans disability Lawyer advocate can 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 assist with a wide range of programs, ranging from disability compensation. They can help with vocational rehabilitation employment, home loans, and group life insurance. They can also assist with medical benefits and burial benefits. They will go over all of your documents from your military service, and medical records to find out the federal programs you're eligible for and to fill out the required paperwork to apply.
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 the interests of a Veteran, dependent or survivor who has a claim to any federal benefit.
Once the VA receives all of your evidence, they will go over it, and assign the disability rating in accordance with the severity of your symptoms. After you have been given a decision by the federal VA, a VSO will discuss with you the ratings and any other state benefits you may be entitled to.
The VSO can assist you in requesting an hearing with the VA in the event you disagree with a ruling of the federal VA. Under the Appeals Modernization Act, there are three "lanes" available for an appeal such as a supplemental appeal, a higher level review or a Notice of Disagreement to the Board of
veterans disability lawyer Appeals. A VSO can assist you in determining which appeal or review option is the most appropriate for your particular situation.
Appeal
The VA appeals procedure is complicated and lengthy. It could take a year or longer to receive a decision, based on the AMA route you choose and if your case is eligible for priority processing. A veteran disability lawyer can help you decide the best way to proceed and can file an appeal on your behalf, if needed.
There are three different ways to appeal a denial of benefits to veterans, but each takes different amount of time. A lawyer can help you determine which one is appropriate for you. They can also explain the VA disability appeals process to help you understand what to expect.
If you decide to forgo the DRO review and instead go directly to the BVA you must submit an appeal form 9 formal appeal and wait for your regional office to forward your appeal 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 required.
A supplemental claim provides you with the chance to present new and relevant evidence to the VA. This can include medical evidence, but also non-medical proof such as lay statements. An attorney is able to submit these statements on your behalf and also obtain independent medical exams and a vocational expert opinion. If the BVA declines your supplemental claim you may file an appeal to the Court of Appeals for Veterans Claims.