How to File a
Veterans disability lawyer Disability Case
Many veterans join military service with medical problems that they don't report or treat. They think that the problem will be gone after a while or get better.
However, as time goes by, those problems become more severe. Now they need VA assistance to receive compensation. The problem is that the VA isn't going to believe them.
Getting Started
Many veterans wait for years before filing a claim for disability. They may feel that they can deal with the issue or think it will disappear on its own without treatment. It is essential to file a claim as soon as the symptoms of disability get severe enough. If you plan to submit a claim in the future then let the VA know by submitting an intent to submit form. This will set a more effective date, making it easier to claim back payment for time that you've already been denied due to your disability.
It is crucial to include all relevant proof when you file your initial claim. This includes medical clinics for civilians and hospital records related to the illness or injuries you plan to claim, as well as any military records that pertain to your service.
The VA will review your claim and collect additional evidence from you and your healthcare providers. Once they have the information they require, they will schedule you for an examination to determine your compensation and pension (C&P) to determine your eligibility.
This must be done in tandem with the separation physical so that your disability is recorded as service-connected even if it is 0 percent. This will make it much simpler to obtain an increased rating in the future when your condition becomes worse.
Documentation
To get the benefits you are entitled to, it is vital that you give your VA disability lawyer with all the relevant documents. This could include your medical records, service records and lay evidence like letters from relatives, friends members or coworkers who know how your disabilities affect you.
Your VSO can help you gather the required documentation. This can include medical records from the VA Hospital or a private doctor's report, diagnostic tests, and other evidence that shows that you have a disabling illness and that your service in the Armed Forces caused or worsened it.
The next step is for VA to examine the evidence and determine your disability rating. This is done by using an approved schedule by Congress that designates which disabilities can be compensated and in 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 find 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 specific period of time.
A VA attorney in Kalamazoo can assist you in obtaining the evidence needed for your claim. In addition to medical records our veterans advocate will seek opinions from independent medical examiners, as well as a letter from your VA treating doctor on the impact of your disability on your life.
Meeting with a VSO
A VSO can help with a variety of programs beyond disability compensation, such as vocational rehabilitation and employment loans for home as well as group life insurance, medical benefits including military burial benefits and many more. They will look over your medical and service records to determine what federal programs are available to you and fill the necessary 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 a Veteran or their dependents or survivors who has a claim to any federal benefit.
When the VA has all the evidence, they will review it and give you a disability score according to the severity of your symptoms. A VSO will discuss your rating and other state benefits for which could be eligible, with you when you receive an answer from the federal VA.
The VSO can also assist you to request a hearing with the VA to resolve a problem in the event that you do not agree with a decision of the federal VA. Under the Appeals Modernization Act, there are three "lanes" that can be used to appeal which include a supplemental claim an additional level review or a Notice of Disagreement with the Board of Veterans Appeals. A VSO can help you decide the best appeal/review option for your situation.
Appeals
The VA appeals process can be complex and long. Depending on which AMA choice is made and if your case is eligible to be processed with priority, it can take a long time to receive an answer. A veteran disability lawyer can assist you in determining the best course of action and file a formal appeal on behalf of you if needed.
There are three methods to appeal a veterans benefits denial however each one takes different amount of time. A lawyer can assist you in deciding the best option for your particular situation, and also explain the VA disability claims process so you know what to expect.
If you wish to bypass the DRO review in order to go directly to BVA the Board, you must complete Form 9 and wait for the regional office to transfer the file to the Board. The BVA will then issue a Statement of the Case (SOC). You may request a personal hearing before the BVA, but it isn't required.
A supplemental claim provides you with the opportunity to provide fresh and relevant evidence to the VA. This can include medical evidence as well as non-medical evidence such as lay statements. A lawyer can make these statements, and also obtain independent medical exams as well as a vocational expert's opinion on your behalf. If the BVA refuses to accept your supplemental claim you may appeal to the Court of Appeals for
veterans disability lawyer Claims.