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How to File a Veterans Disability Case

Many veterans join military service suffering from medical conditions which they don't report or treat. They think they'll be cured or disappear after a time.

But as time passes, the problems get worse. Now they need VA assistance to get compensation. The problem is that the VA will not believe them.

Getting Started

Many veterans have to wait for years before making an claim. Many veterans are waiting for years before filing a disability claim. Therefore, it is important to start the process as soon as the symptoms of disability get serious enough. If you're planning to file a claim in the future, inform the VA be aware by submitting an intent to file form. This will allow you to determine an effective date that is more recent and make it easier for you to get your back pay.

When you file your initial claim, it is crucial to provide all evidence relevant. This includes medical clinics for civilians and hospital records that relate to the illnesses or injuries you intend to claim, as well any military records that pertain to your service.

The VA will examine your claim and gather additional evidence from you and your healthcare providers. Once they have the data they require, they'll schedule you for an examination for compensation and pension (C&P) to determine your rating.

This is best done in conjunction with the separation physical so that your condition is recorded as service-connected even if it's 0 percent. It will be easier to ask for an increase in rating in the event that your condition becomes worse.

Documentation

To receive the benefits you are entitled to, it's essential to provide your VA disability lawyer with all the relevant documents. This can include medical documents, service records as well as letters from relatives, friends or coworkers that know how your disability affects you.

Your VSO can help you gather the necessary documentation. This could include medical records from the VA hospital as well as private physician's reports as well as diagnostic tests and other evidence to prove that you suffer from a disabling condition and that it was caused by or made worse due to your service in the Armed Forces.

The next step is for VA to evaluate the evidence and determine your disability rating. This is done by using the schedule that was created by Congress that defines the types of disabilities that are eligible for compensation and at what percentage.

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

A VA lawyer in Kalamazoo can assist you in obtaining the evidence required for your claim. Our veterans advocate can also obtain medical documentation and opinions from independent medical examiners, as well as a statement from the VA treating physician regarding your disability.

Meeting with a VSO

A VSO can help with a myriad of programs beyond disability compensation, such as vocational rehabilitation and employment home loans and group life insurance, medical benefits, military burial benefits, and many more. They will look over all of your service records, and medical records to find out which federal programs you're eligible for and complete the required paperwork for you to apply.

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

Once the VA has all your evidence, they'll review it and give you a disability score based on the severity of your symptoms. A VSO can discuss your rating and any additional state benefits for which might be eligible, with you after you have received a decision from the federal VA.

The VSO can help you request an appointment with the VA when you disagree with a ruling of the federal VA. The Appeals Modernization Act provides three "lanes" for an appeal. These include a supplementary claim, or a more thorough review or a notice of disagreement to the Board of Veterans Appeals. A VSO can help you decide which appeal/review options are best for your particular situation.

Appeals

The VA appeals process is complicated and long. Depending on the AMA option is selected and whether or not your case qualifies to be treated with priority or not, it could take some time to get the final decision. A veteran disability attorney can help you decide the best course of action and can make an appeal on your behalf in the event of a need.

There are three ways to appeal the denial of benefits to veterans disability lawsuits however each one requires the time in a different way. A lawyer can help decide the best option for your situation and explain the VA disability claims process so that you know what to expect.

If you wish to bypass the DRO review to submit your case directly to BVA the Board, you must complete Form 9 and wait for the regional office to transfer 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 is an opportunity to provide new and relevant evidence to the VA. This could include medical evidence, but also non-medical proof such as lay assertions. A lawyer can submit these statements and get independent medical examinations as well as a vocational expert's recommendation on your behalf. If the BVA refuses to accept your supplemental claim you may appeal to the Court of Appeals for Veterans Claims.