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How to File a Veterans Disability Case

Many veterans go into military service with medical issues that they don't report or treat. They figure they will be cured or disappear after a while.

As the years go by as time passes, the issues get worse. Now they require help from the VA to get compensation. The problem is that the VA won't accept their claims.

Getting Started

Many veterans have to wait for years before filing a claim for disability. Many veterans are waiting 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. Let the VA know if you plan to file your claim at later time by submitting an intent to file. This will allow you to determine an earlier effective date and will make it easier to receive your back pay.

It is essential to include all relevant evidence when you file your initial claim. This includes civilian medical clinic and hospital records pertaining to the injuries or illnesses you're planning to claim as well as any military records pertaining 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 the data they require, they'll schedule you for an examination for compensation and pension (C&P) to determine your eligibility.

It is recommended to complete this as a part of your separation physical to ensure it is recognized as a disability resulting from service, even when the rating is only 0%. This will make it much easier to file for an increased rating later when your condition becomes worse.

Documentation

It is essential to provide all the necessary documentation to your VA disability lawyer to be able to claim the benefits to which you are entitled. This could include your medical records, service records and lay evidence such as letters from family, friends members, or colleagues who understand how your disabilities affect you.

Your VSO can assist you in gathering the necessary documentation. This can include medical records from the VA Hospital, private physician's report, diagnostic tests, and other evidence that proves you have a debilitating illness and that your participation in Armed Forces caused or worsened it.

The next step is for VA to assess the evidence and determine your disability rating. This is accomplished by using an established schedule by Congress that outlines which disabilities are compensable and in what percentage.

If VA decides that you are eligible for disability benefits, they will inform you in writing of their decision. They'll also 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 the decision is yours to appeal within a specified time.

A VA lawyer can assist you to find evidence to support your claim. In addition to medical evidence, our veterans advocate can obtain opinions from independent medical examiners, as well as an opinion from your VA treating physician on the impact of your disabilities on your daily life.

Meeting with a VSO

A VSO can help with a variety of programs, which extend 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 review your medical and service records to determine what federal programs are accessible 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 legally able to represent a Veteran, dependent or survivor with a claim for any federal benefit.

After the VA receives all the evidence they will review it, and then give you the rating of disability based on your severity of symptoms. After you have been given a decision by the federal VA, the VSO will be able to discuss your ratings with you and any additional state benefits that you may be entitled to.

The VSO can help you request an appeal to the VA when you disagree with a decision of the federal VA. In the Appeals Modernization Act, there are three "lanes" that can be used to appeal: a supplemental claim, an upper-level review, or an appeal to the Board of Veterans Appeals. A VSO can assist you in deciding the best appeal/review option for your situation.

Appeals

The VA appeals process is lengthy and complicated. It could take up to a year or more to receive the outcome, depending on the AMA choice you make and if your case is eligible for priority processing. An experienced disability attorney can help you decide the best course of action and may make an appeal on your behalf in the event of a need.

There are three options to appeal the denial of benefits to veterans disability lawsuits, but each one takes an varying amount of time. A lawyer can help you determine which one is appropriate for you and will explain the VA disability appeals process to help you understand what to expect.

If you'd like to bypass the DRO review to submit your case directly to BVA the Board, you must submit 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 however, it isn't required.

A supplemental claim gives you the chance to present new and relevant evidence to the VA. This could include medical evidence however, it can also include non-medical proof such as lay statements. An attorney is able to submit these statements on your behalf and also get independent medical exams and a vocational expert opinion. If the BVA declines your supplemental claim you can submit an appeal to the Court of Appeals for Veterans Claims.