How to File a
veterans disability (
from the aragaon.net blog) Case
Many veterans who join the military with medical problems that they don't seek out or treat. They believe that they will be cured or disappear after a while.
However, as time goes by, those problems get worse. Now they need the VA's assistance to receive compensation. The VA does not believe in the VA.
Getting Started
Many veterans have to wait for years before filing a claim for disability. Many veterans wait for years before filing a disability claim. For this reason, it is crucial to file filing a claim as soon the disability symptoms become 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 submit form. This will enable you to determine a more recent effective date and will make it easier for you to receive your back pay.
It is important that you provide all the relevant documentation when you submit your initial claim. This includes medical clinics for civilians and hospital records related to the illness or injuries you're planning to claim, as well as any military records related to your service.
Once the VA receives your claim, they will review it and seek additional evidence from you and your health care providers. Once they have all the evidence they require, they will set up an appointment to take a Compensation and Pension Exam (C&P) to determine your eligibility.
This is best done in conjunction with the separation physical so that your disability is categorized as service-connected even if the disability is not a percent. It will be easier to request an increase in rating in the event that your condition gets worse.
Documentation
It is important that you supply all the necessary documentation to your VA disability lawyer to be able to claim the benefits to which you are entitled. This can include medical documents, service records and letters from family members, friends or coworkers who are aware of how your disability affects you.
Your VSO can assist you in gathering the required documentation. This could include medical records from the VA Hospital or a private doctor's report, diagnostic tests, and other evidence that proves you have a disabling illness and that your time in the Armed Forces caused or worsened it.
VA will then examine the evidence to determine your disability rating. This is done with a schedule drafted by Congress that determines which disabilities can be compensated and in what percentage.
If VA determines that you are suffering from a qualifying disability, they will notify you of their decision in writing. They will then forward the appropriate documents to Social Security for processing. If they determine that you don't have a qualifying impairment, the VSO returns the documents and you have the option to appeal the decision within a certain time frame.
A VA attorney can help you find evidence to support your claim. Our veterans advocate can collect medical documentation and opinions from independent medical examiners, and also a statement from the VA treating physician regarding your disability.
Meeting with a VSO
A VSO can assist with a range of programs, beyond disability compensation. These include vocational rehabilitation employment, home loans, and group life insurance. They can also assist with medical benefits and military burial benefits. They will go over all of your service records and medical records to find out which federal programs you're eligible for and 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 who has the claim of any federal benefit.
Once the VA has all of your evidence, they will evaluate it and assign a disability rating in accordance with the severity of your symptoms. After you have been given a decision by the federal VA, you will be contacted by a VSO will discuss your ratings with you and any additional state benefits that you might be entitled to.
The VSO can also help you request an appointment with the VA to resolve a problem in case you disagree with a ruling made by the federal VA. The Appeals Modernization Act provides three "lanes" for an appeal. These include a supplementary claim, or a more thorough review or a notification of disagreement to the Board of Veterans Appeals. A VSO will help you determine the best appeal or review option for your situation.
Appeal
The VA appeals process can be complicated and long. Depending on which AMA lane is chosen 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 path to follow and may file a formal appeal on your behalf, if needed.
There are three avenues to appeal the denial of veterans' benefits, but each one takes the time in a different way. A lawyer can assist you in deciding which is best for your case, and also explain the VA disability claims process so that you know what you can expect.
If you decide to forgo the DRO review and go directly to the BVA you must file an appeal form 9 formal appeal and wait for the regional office of your region to transfer your appeal 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 is not required.
A supplemental claim is an chance to present new 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 request independent medical examinations aswell as a vocational expert's opinion on your behalf. If the BVA rejects your supplemental claim, you can submit an appeal to the Court of Appeals for Veterans Claims.