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How to File a Veterans Disability Case

Many veterans join military service with medical problems that they don't seek out or treat. They believe that the issues will go away after a time or improve.

As time passes as time passes, the issues continue to get worse. They now require assistance from the VA to receive compensation. The VA does not believe the VA.

Getting Started

Many veterans have to wait for years before filing a disability claim. They may believe that they can deal with the issue or think it will go away on its own without 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 make a claim at an earlier date by submitting an intent to file. This will enable you to determine a more recent effective date and will make it easier to get your back pay.

When you file your initial claim, it is crucial to include all relevant evidence. You should include all medical records from civilian hospitals and clinics related to the illnesses or injuries you're planning to file a claim for, and military documents.

When the VA accepts your claim they will review it and seek additional evidence from you and your health healthcare providers. Once they have the information they require, they will arrange for you to take an examination to determine your compensation and pension (C&P) to determine your rating.

This must be done in tandem with the separation physical to ensure that your disability is documented as service-connected, even if the disability is not a percent. This will make it easier to apply for an increased rating in the future should your condition get worse.

Documentation

It is crucial to provide all the necessary documentation to your VA disability lawyer to ensure that you receive the benefits to which you are entitled. This can include medical documents, service records and letters from family members, friends or coworkers that know the impact of your disability on you.

Your VSO can assist you in obtaining the required documentation. This could include medical records from the VA hospital, private physician's reports or diagnostic tests as well as other evidence to show that you have a chronic condition that was caused by or worsened by your time in the Armed Forces.

VA will then assess the evidence to determine your disability rating. This is done using an established schedule by Congress which defines which disabilities are compensable and in what percentage.

If VA determines that you qualify for disability benefits, they will inform you in writing of their decision and forward all relevant documents to Social Security. If they conclude that you don't have a qualifying disability then the VSO will return the document to you and you can appeal this decision within a set time.

A VA lawyer in Kalamazoo can assist you in gathering the evidence you need to support your claim. In addition to medical records our veterans advocate can get opinions from independent medical examiners and a letter from your VA treating physician on the impact of your disabilities on your life.

Meeting with a VSO

A VSO can help with a myriad of programs that go beyond disability compensation, such as vocational rehabilitation and employment loans for home as well as group life insurance, medical benefits, military burial benefits, and many more. They will review all of your documents from your military service, and medical information to find out the federal programs you're eligible for and then 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 any Veteran or dependent who is claims for any federal benefit.

Once the VA receives all the evidence, they'll review the evidence, and then assign a rating of disability according to the severity of your symptoms. A VSO will discuss your rating, and additional state benefits, for which you might be eligible, after you have received an answer from the federal VA.

The VSO can assist you in requesting an interview with the VA if you disagreed with a decision made by the federal VA. In the Appeals Modernization Act, there are three "lanes" available for an appeal that includes a supplemental claim, an additional level review or a Notice of Disagreement to the Board of Veterans Appeals. A VSO can assist you in deciding which appeal/review options are best for your situation.

Appeal

The VA appeals process can be complicated and lengthy. Depending on the AMA option is selected and whether or not your case qualifies to be processed with priority this could mean it takes several months to receive an answer. A veteran disability attorney can help you decide the best path to take and may make an appeal on your behalf in the event of a need.

There are three options to appeal a denial of benefits to veterans however each one takes different amount of time. A lawyer can help you determine which one is right for you. They can also explain the VA disability appeals process so that you are aware of what to expect.

If you decide to forgo the DRO review and instead go directly to the BVA, you must submit a Form 9 formal appeal and wait for the regional office in your area to transfer your case to the Board. The BVA will then issue a Statement of the Case (SOC). You may request a personal hearing before the BVA but it's not required.

A supplemental claim provides you with the chance to submit new and relevant evidence to the VA. This can include medical evidence as well as non-medical evidence such as lay assertions. An attorney can make these statements on behalf of you and also request independent medical exams and a vocational expert opinion. If the BVA denies your claim, you may appeal to the Court of Appeals for Veterans Claims.