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Many veterans disability attorneys enter military service with medical problems which they don't report or treat. They figure they will disappear or improve after a time.
As the years go by the problems continue to get worse. They now require assistance from the VA to get compensation. The problem is that the VA isn't going to believe them.
Getting Started
Many veterans wait for a long time before filing an claim. Many veterans are waiting for years before making a claim for disability. For this reason, it is crucial to file a claim as soon as the symptoms of disability become severe enough. Let the VA know that you intend to file your claim at a later date by submitting an intent to file. This will allow you to establish an effective date that is more recent and will make it easier to claim your back pay.
When you file the initial claim, you need to provide all evidence relevant. You must include all medical records from hospitals and clinics pertaining to the ailments or injuries you're planning to file a claim for, as well as military records.
Once the VA accepts your claim they will review it and collect additional evidence from you and your health care providers. Once they have all the information they require, they will arrange an appointment for you to take an examination called a Compensation and Pension (C&P) to determine your rating.
It is recommended to complete this in parallel with your separation physical, so that it is recognized as a disability resulting from service, even when the rating is zero%. It is much easier to ask for an increase in your rating if your condition worsens.
Documentation
It is crucial to provide all the necessary documentation to your VA disability lawyer to be able to claim the benefits to which you are entitled. This may include service records, medical documentation and lay evidence such as letters from relatives, friends members or coworkers who know how your disabilities affect you.
Your VSO can assist you in gathering the required documentation. This may include medical records from the VA hospital as well as private physician's reports, diagnostic tests and other evidence to show that you have a chronic condition and that it was caused by or made worse by your service in the Armed Forces.
The next step is for VA to evaluate the evidence and determine your disability rating. This is done using an established schedule by Congress that 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 notify you of the decision in writing. They will then forward the appropriate documents to Social Security for processing. If they determine that you do not have a qualifying impairment, the VSO returns the documents and you have the option to appeal the decision within a specified period of time.
A VA attorney in Kalamazoo can assist you in obtaining the evidence you need to support your claim. Our veterans advocate can also get medical documents and opinions from independent medical examiners as well as a letter from the VA treating physician about your disability.
Meeting with VSO VSO
A VSO can assist with a myriad of programs beyond disability compensation, such as vocational rehabilitation and employment such as home loans, group life insurance medical benefits including military burial benefits and more. They will review your medical and service records to determine which federal programs are available to you and then fill out 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 any Veteran or a dependent who has an application for any federal benefit.
After the VA has all of your evidence, they'll review it and determine a disability rating in accordance with the severity of your symptoms. A VSO will discuss your rating and any additional state benefits to which you might be eligible with you once you receive a decision from the federal VA.
The VSO can help you request an hearing with 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 higher-level review or a written notice of disagreement to the Board of Veterans Appeals. A VSO can assist you in deciding which appeal or review option is best for your particular situation.
Appeals
The VA appeals procedure is complicated and time-consuming. Based on which AMA lane is chosen and whether or not your case qualifies to be considered prioritised and it could take an extended time to receive a final decision. A veteran disability lawyer can assist you in determining the best route to take and can also file an official appeal on your behalf if needed.
There are three avenues to appeal the denial of benefits to veterans However, each takes different amounts of time. A lawyer can assist you in deciding which option is the best for your situation, and explain the VA disability claims process to help you understand what you can expect.
If you'd like to skip the DRO review in order to directly go to BVA the BVA, then complete Form 9 and wait for the regional office to forward the file to the Board. The BVA will then issue an Statement of Case (SOC). You may request an individual hearing before the BVA but it's not required.
A supplemental claim provides you with the opportunity to provide new and relevant evidence for the VA. This includes medical proof, but also non-medical evidence such declarations from laypeople. An attorney can present these statements on behalf of you and also obtain independent medical exams and a vocational expert's opinion. If the BVA rejects your supplemental claim you may appeal to the Court of Appeals for Veterans Claims.