How to File a Veterans Disability Case
Many veterans enter military service with health issues that they don't report or treat. They believe that they will disappear or improve after a time.
As time passes, the problems get worse. Now they require help from the VA to get compensation. The problem is that the VA will not believe them.
Getting Started
Many veterans have to wait for years before filing claims. They might think that they are able to handle the issue or think it will disappear by itself if they don't seek treatment. For this reason, it is essential to initiate a claim as soon as the disability symptoms become serious enough. Let the VA know if you intend to file a claim at later dates by submitting an intention to file. This will allow for a later effective date, which will make it easier to claim back your money for time you've missed due to your disability.
When you file the initial claim, it is important to provide all evidence relevant. Include all medical records from hospitals and clinics related to the injuries or illnesses you are planning to claim and military documents.
Once the VA receives your claim, they will examine it and gather additional evidence from you and your health care providers. Once they have the data they require, they will schedule you for an exam for compensation and pension (C&P) to help them decide your rating.
It is recommended to complete this as a part of your separation physical to ensure that it is recognized as a service-connected disability, even in the event that the rating is 0%. It is easier to ask for an increase in rating if your condition worsens.
Documentation
It is vital that you provide all the required documentation to your VA disability lawyer in order to get the benefits to which you are entitled. This could include medical documents, service records as well as letters from relatives, friends or coworkers that know the impact of your disability on you.
Your VSO can assist you in gathering the necessary documentation. This may include medical records from the VA hospital or private physician's report diagnostic tests, and other evidence to show that you suffer from a disabling condition that was caused or made worse due to your service in the Armed Forces.
VA will then review the evidence to determine your disability rating. This is accomplished using an approved schedule by Congress that defines which disabilities are eligible to be compensated and at what percentage.
If VA determines that you qualify for disability benefits, they will inform you in writing of their decision. They'll also send all the relevant documents to Social Security. If they conclude that you do not have a qualifying impairment then the VSO returns the document and you can appeal the decision within a predetermined timeframe.
A VA attorney in Kalamazoo can assist you in gathering the evidence required for your claim. Our
veterans disability lawyer advocate can also obtain medical records and opinions from independent medical examiners, as well as a letter from the VA treating doctor about your disability.
Meeting with a VSO
A VSO can help with a wide range of programs, ranging from disability compensation. They can help with vocational rehabilitation and employment, home loan and group life insurance. They can also assist with medical benefits as well as military burial benefits. They will examine your medical records and service records to determine the federal programs available to you. They will also fill with the required forms.
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 able to represent a Veteran or a dependent or survivor with a claim for any federal benefit.
Once the VA receives all of your evidence they will review it, and then assign the rating of disability based on your severity of symptoms. A VSO can discuss your rating as well as any other state benefits for which you might 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 an issue if you disagree with a ruling made by the federal VA. In the Appeals Modernization Act, there are three "lanes" that can be used to appeal: a supplemental claim, a higher level review or a Notice of Disagreement to the Board of Veterans Appeals. A VSO can help you decide the best appeal/review option for your particular situation.
Appeals
The VA appeals process can be complex and time-consuming. It can take a time of up to a year before you receive an answer, based on the AMA option you select and if your case qualifies for priority processing. A veteran disability lawyer can help you determine the best course of action and may file a formal appeal on behalf of you if required.
There are three options to appeal the denial of
veterans disability law firm' benefits however each one requires different amounts of time. A lawyer can help you decide which one is right for you and will explain the VA disability appeals process to help you know what to expect.
If you decide to forgo the DRO review and go directly to the BVA You must submit an appeal form 9 formal appeal and wait for your regional office to transfer your case to the Board. The BVA will issue a Statement of Case (SOC). You can request an individual hearing before the BVA but it isn't mandatory.
A supplemental claim gives you the opportunity to present fresh and relevant evidence to the VA. This can include medical evidence and non-medical evidence like lay statements. A lawyer can make these statements and obtain independent medical tests as well as a vocational expert's recommendation on your behalf. If the BVA refuses your claim for supplemental benefits you can submit an appeal to the Court of Appeals for
veterans disability attorneys Claims.