How to File a
Veterans Disability Case
Many veterans experience medical issues as they join the military, but do not disclose them or treat them. They believe that the issue will go away after a time or improve.
But years pass and those problems get worse. Now, they require the VA's assistance to receive compensation. The VA does not believe in the VA.
Getting Started
Many veterans wait for years before submitting a disability claim. They might believe they are able to manage the issue or believe that it will go away by itself if they don't seek treatment. It is essential to file a claim when the symptoms of disability become severe enough. Let the VA be aware if you are planning to file a claim on later time by submitting an intention to file. This will help you establish an effective date that is more recent and make it easier for you to claim your back pay.
When you file your initial claim, it is important to include all relevant evidence. This includes medical clinics for civilians and hospital records pertaining to the ailments or injuries you intend to file a claim for, as well as any military records that pertain to your service.
Once the VA has received your claim, they will review it and collect additional evidence from you and your health healthcare providers. Once they have all the information they require, they will schedule an appointment for you to take an examination called a Compensation and Pension (C&P) to determine your eligibility.
This is best done in conjunction with the separation physical so that your disability is documented as service-connected, even if it's 0%. This will make it simpler to obtain an increase in rating later on in the event that your condition gets worse.
Documentation
In order to obtain the benefits you are entitled to, it's essential that you provide your VA disability lawyer with all the relevant documents. This could include your service records, medical documentation and other evidence of a lay nature, such as letters from relatives, friends members, or coworkers who understand how your disabilities affect you.
Your VSO can help you gather the required documentation. This could include medical records from the VA hospital and private physician's records or diagnostic tests as well as other evidence to prove that you suffer from a debilitating condition that was caused or made worse by your service in the Armed Forces.
The next step is for VA to evaluate the evidence and determine your disability rating. This is done with the schedule that was created by Congress that outlines the types of disabilities that are eligible for compensation and in what percentage.
If VA finds that you have a qualifying disability, they will inform you of this decision in writing, and then send the relevant documents to Social Security for processing. If they decide that you don't have a qualifying disability then the VSO will return the document to you and it is possible to appeal the decision within a certain time period.
A VA attorney can help you gather evidence for your claim. In addition, to medical documentation our veterans advocate will seek opinions from independent medical examiners as well as a statement from your VA treating physician regarding the impact of your disabilities on your life.
Meeting with VSO VSO
A VSO can assist with a variety of programs that go beyond disability compensation. They can help with vocational rehabilitation as well as employment, home loans and group life insurance. They also can assist with medical benefits as well as military burial benefits. They will look over all of your service records and medical records to figure out which federal programs you are qualified for and will complete the required paperwork for you 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 to represent a Veteran or a dependent with the claim of any federal benefit.
Once the VA receives all the evidence, they will go over it, and then assign a rating of disability 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 additional benefits from the state that you might be entitled to.
The VSO can also help you request a hearing with the VA to resolve an issue in case you disagree with a decision of the federal VA. In 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 deciding which appeal or review option is best for your particular situation.
Appeals
The VA appeals process can be complicated and lengthy. It can take a time of up to a year before you receive an answer, based on the AMA route you choose and whether your case is eligible for priority processing. A veteran disability lawyer can assist you in determining the best course of action and file a formal appeal on behalf of you if necessary.
There are three options to appeal a denial of benefits to
veterans disability lawyers However, each requires different amounts of time. A lawyer can help you decide the best option for your particular situation, and 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 Board, 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 a personal hearing before the BVA, but it isn't required.
A supplemental claim gives you the chance to present new and relevant evidence for the VA. This could include medical evidence and non-medical evidence such as lay statements. An attorney can make these statements on your behalf and also get independent medical exams and a vocational expert's opinion. If the BVA rejects your supplemental claim you may appeal to the Court of Appeals for Veterans Claims.