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How to File a Veterans Disability Case

Many veterans experience medical issues as they join the military, but don't divulge them or treat them. They believe that the issue will be gone over time or improve.

But years pass and those problems become more severe. Now they need help from the VA to get compensation. The VA does not believe the VA.

Getting Started

Many veterans wait for years before filing claims. They may feel that they are able to handle the issue or believe that it will disappear by itself without treatment. Therefore, it is essential to initiate filing a claim as soon the disability symptoms become serious enough. If you intend to file a claim in the future you should let the VA know by submitting an intent to submit form. This will enable you to determine an effective date that is more recent and make it easier for you to get your back pay.

It is vital to include all relevant proof when you file your initial claim. This includes civilian medical clinic and hospital records regarding the ailments or injuries you are planning to claim, as well as any military records related to your service.

Once the VA accepts your claim they will examine it and gather additional evidence from you and your health medical professionals. Once they have all the data they require, they'll make an appointment with you to take a Compensation and Pension Exam (C&P) in order to determine your rating.

This should be done in parallel with the separation physical, to ensure that your condition is documented as service-connected, even if it's not percent. It will be easier to request an increase in rating if your condition worsens.

Documentation

To get the benefits you are entitled to, it's essential that you give your VA disability lawyer with all relevant documentation. This could include your service records, medical documentation and lay evidence such as letters from family, friends members or coworkers who know how your disabilities affect you.

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

VA will then examine the evidence to determine your disability rating. This is accomplished by using the schedule that was created by Congress which defines the types of disabilities that are eligible for compensation and at what percentage.

If VA finds that you suffer from a qualifying disability, they will inform you of the decision in writing and then send the relevant documents to Social Security for processing. If they find that you don't have a qualifying impairment and the VSO returns the documents and you have the option to appeal the decision within a specific time frame.

A VA attorney in Kalamazoo can assist you in obtaining the evidence you need to support your claim. In addition to medical documentation our veterans advocate will obtain opinions from independent medical examiners, as well as a letter from your VA treating physician regarding the impact of your disabilities on your life.

Meeting with VSO VSO

A VSO can assist with a range of programs that go beyond disability compensation, such as vocational rehabilitation and employment such as home loans, group life insurance medical benefits, military burial benefits, and more. They will look over all of your service records, and medical records to find out what federal programs you're qualified for and will fill out the necessary paperwork to apply.

Many accredited representatives work for VA-accredited/federally chartered veterans disability lawyer service organizations (VSOs), which are private non-profit groups that advocate on behalf of Veterans, Servicemembers, and their families. They are legally authorized to represent any Veteran or a dependent or survivor with a claim for any federal benefit.

Once the VA has all your evidence, they'll review it and give you a disability score depending on the severity of your symptoms. After you have been given a decision by the federal VA, a VSO will discuss with you your ratings and any additional state benefits that you may be entitled to.

The VSO can assist you in requesting an appeal to the VA when you disagree with a decision of the federal VA. The Appeals Modernization Act provides three "lanes" to appeal. They are a supplementary claim, or a more thorough review or a notice of disagreement to the Board of Veterans Appeals. A VSO can assist you in determining which appeal/review option is best for your particular situation.

Appeal

The VA appeals process can be complicated and lengthy. Based on which AMA lane is chosen and if your case qualifies to be processed with priority, it can take some time to get a final decision. A veteran disability lawyer can assist you in determining the best route to take and file a formal appeal on your behalf when needed.

There are three options to appeal a denial of veterans Disability lawyer benefits, but each takes different amount of time. A lawyer can help you determine which one is the most appropriate for your particular situation, and explain the VA disability claims process so that you know what you can expect.

If you wish to skip the DRO review and instead go directly to the BVA You must submit an appeal form 9 formal appeal and wait for your regional office to forward your appeal to the Board. The BVA will issue a Statement of Case (SOC). You can request a personal hearing before the BVA however, it's not required.

A supplemental claim is an opportunity to provide new and relevant evidence to the VA. This can include medical evidence, but also non-medical evidence such lay statements. An attorney is able to submit these statements on behalf of you and can also obtain independent medical exams and a vocational expert's opinion. If the BVA refuses to accept your supplemental claim you may appeal to the Court of Appeals for Veterans Claims.