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How to File a Veterans Disability Case

Many veterans disability attorney have medical issues as they join the military, but do not disclose them or treat them. They believe that they will disappear or improve after a while.

But years pass and those problems get worse. They now require the VA's help to get compensation. The problem is that the VA isn't going to believe them.

Getting Started

Many veterans are waiting for years before filing a disability claim. Many veterans wait 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 are planning to file a claim in the future, let the VA be aware by submitting an intent to file form. This will set a more effective date, which will make it easier to claim back money for the time you've already missed due to your disability.

When you file your initial claim, it is important to provide all evidence relevant. You must include all medical records from hospitals and clinics pertaining to the ailments or injuries you intend 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 arrange for you to take an examination for compensation and pension (C&P) to determine your eligibility.

It is best to do this as a part of your separation physical so that it is documented as a service-connected disability, even when the rating is only 0%. This will make it much easier to request an increased rating in the future in the event that your condition gets worse.

Documentation

To be able to claim the benefits you are entitled to, it is crucial that you give your VA disability lawyer with all the relevant documentation. This could include medical records, service records and letters from friends, relatives or coworkers who are aware of how your disability affects you.

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

The next step is for VA to review the evidence and determine your disability rating. This is done with the schedule that was created by Congress that defines which disabilities are compensable and in what percentage.

If VA determines that you have a qualifying disability, they will notify you of this decision in writing and then send the relevant documents to Social Security for processing. If they find that you do not have a qualifying disability, the VSO will return the documents to you and the decision is yours to appeal within a specified time.

A VA attorney can help you find evidence to support your claim. In addition to medical documentation Our veterans disability law firms advocate can get opinions from independent medical examiners as well as a statement from your VA treating doctor on the impact of your disability on your life.

Meeting with a VSO

A VSO can help with a myriad of programs that go beyond disability compensation, including vocational rehabilitation and employment such as home loans and group life insurance, medical benefits and military burial benefits and many more. They will review your medical records and service records to determine the federal programs available to you. They will also 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 the interests of a Veteran or a dependent who has claims for any federal benefit.

Once the VA has all the evidence, they will review it and assign a disability rating based on the severity of your symptoms. After you have been given a decision by the federal VA, a VSO can discuss with you your ratings and any additional state benefits you might be entitled to.

The VSO can also help you request an appeal to the VA to resolve a problem in case you disagree with a decision taken by the federal VA. The Appeals Modernization Act provides three "lanes" for appeals. They are a supplementary claim or a higher-level review, or a notice of disagreement to the Board of Veterans Appeals. A VSO can help you decide which appeal or review option is appropriate for your situation.

Appeal

The VA appeals procedure is complex and lengthy. It could take a year or longer to receive a decision, based on the AMA route you choose and whether your case is eligible for priority processing. A veteran disability lawyer can assist you in determining the best path to follow and can also file an official appeal on behalf of you if necessary.

There are three options to appeal the denial of benefits to veterans, but each one takes different amounts of time. A lawyer can assist you in deciding which one is appropriate for you and will explain the VA disability appeals process so that you understand what to expect.

If you prefer to bypass the DRO review and go directly to the BVA, you must submit a 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 an Statement of Case (SOC). You may request a personal hearing before the BVA however, it isn't required.

A supplemental claim is an opportunity to present fresh and relevant evidence to the VA. This includes medical evidence but also non-medical evidence such statements made by laypeople. An attorney can present these statements on behalf of you and can also obtain independent medical examinations and a vocational expert's opinion. If the BVA decides to deny your claim you may appeal to the Court of Appeals for Veterans Claims.