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How to File a Veterans Disability Case

Many veterans have medical problems when they join the military, but don't disclose them or treat them. They figure they will go away or get better after a time.

As the years go by the problems continue to get worse. Now they require help from the VA to receive compensation. The VA doesn't believe the VA.

Getting Started

Many veterans are waiting for years before submitting a disability claim. Many veterans disability wait years before making a claim for disability. This is why it is crucial to begin an application as soon as the symptoms of disability become severe enough. Let the VA be aware if you are planning to file a claim on a later date by submitting an intention to file. This will establish an earlier effective date, making it easier to recover pay for the time you have already missed out on because of your disability.

It is crucial to include all relevant proof when you file your initial claim. Include all medical records from civilian hospitals and clinics that pertain to the illnesses or injuries you plan to claim and military records.

The VA will examine your claim and request additional evidence from you and your healthcare providers. Once they have the information they require, they'll schedule you for an exam for compensation and pension (C&P) to determine your rating.

It is best to do this prior to your separation physical so that it is documented as a service-connected disability, even when the rating is only 0 percent. It will be easier to ask for an increase in rating if your condition gets worse.

Documentation

It is essential to provide all the required documentation to your VA disability lawyer to ensure that you receive the benefits to which you are entitled. This could include your medical records, service records and other evidence of a lay nature, such as letters from family, friends members or coworkers who know how your disabilities affect you.

Your VSO can assist you in gathering the necessary documentation. This could include medical records from the VA hospital or private physician's report diagnostic tests, and other evidence to show that you have a chronic condition and that it was caused by or made worse by your time in the Armed Forces.

The next step is for VA to evaluate the evidence and determine your disability rating. This is done with an approved schedule by Congress that specifies which disabilities can be compensated and in what percentage.

If VA finds that you qualify for disability benefits, they will inform you in writing of their decision and send all the necessary documents to Social Security. If they conclude that you do not have a qualifying disability, the VSO will return the document to you and you can appeal this decision within a set time.

A VA lawyer in Kalamazoo can help you gather the evidence needed for your claim. Our veterans advocate can also obtain medical documentation and opinions from independent medical examiners, as well as a statement from the VA treating physician about your condition.

Meeting with a VSO

A VSO can assist with a variety of programs that go beyond disability compensation, including vocational rehabilitation and employment loans for home, group life insurance medical benefits, military burial benefits, and many more. They will look over your medical records and service records to determine which federal programs are accessible to you, and fill in the required 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 authorized to represent a Veteran or dependent with a claim of any federal benefit.

After the VA receives all the evidence they will review it, and then give you an assessment of disability depending on the severity of your symptoms. A VSO will discuss your rating, and additional state benefits for which you might be eligible, with you when you receive a decision from the federal VA.

The VSO can assist you in requesting an appeal to the VA when you disagree with a decision by the federal VA. The Appeals Modernization Act provides three "lanes" for an appeal. These are a supplemental claim or a higher-level review, or a notice of disagreement to the Board of Veterans Appeals. A VSO can assist you in determining which appeal or review option is appropriate for your situation.

Appeal

The VA appeals process is complex and lengthy. Based on which AMA choice is made and whether or not your case is processed with priority this could mean it takes a long time to receive an answer. A veteran disability lawyer can assist you in determining the best way to proceed and file a formal appeal on your behalf if required.

There are three avenues to appeal the denial of veterans' benefits Each one of them requires the time in a different way. A lawyer can assist you in deciding the best option for you. They can also explain the VA disability appeals process so that you are aware of what to expect.

If you want 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 forward your file to the Board. The BVA will issue a Statement of Case (SOC). You can request a personal hearing before the BVA however, it is not required.

A supplemental claim provides you with the opportunity to provide new and relevant evidence for the VA. This could include medical evidence and non-medical evidence such as lay assertions. An attorney can present these statements on your behalf and also get independent medical exams and a vocational expert's opinion. If the BVA refuses to accept your supplemental claim you can appeal to the Court of Appeals for Veterans Claims.