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How to File a Veterans Disability Case

Many veterans have medical issues when they enter the military, but do not reveal them or treat them. They think that the problems will disappear after a time or improve.

As time passes, the problems get worse. Now they require help from the VA to receive compensation. The problem is that the VA isn’t going to believe them.

Getting Started

Many veterans have to wait for years before submitting a disability claim. They may believe they are able to manage the issue or think it will disappear on its own without treatment. It is crucial to file a claim when the symptoms of disability get severe enough. Let the VA know if you intend to file a claim on later dates by submitting an intent to file. This will allow for a later effective date, which makes it easier to receive payment for time that you have already missed due to your disability.

When you file your initial claim, you need to include all relevant evidence. This includes any medical clinics in the civilian sector and hospital records related to the illness or injuries you are planning to claim as well as any military records pertaining to your service.

The VA will examine your claim and request additional evidence from you and your healthcare providers. Once they have all of the information they require, they will set up an appointment to take an exam for Compensation and Pension (C&P) to determine your eligibility.

It is recommended to complete this in parallel with your separation physical to ensure that it is recognized as a disability that is service-connected, even when the rating is zero%. It is easier to ask for an increase in rating in the event that your condition gets worse.

Documentation

To receive the benefits you are entitled to, it is essential that you give your VA disability lawyer with all the relevant documents. 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 help you gather 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 through your service in the Armed Forces.

The next step is for VA to examine the evidence and determine your disability rating. This is done by using an established schedule by Congress which specifies which disabilities are compensable and in what percentage.

If VA determines 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 impairment The VSO returns the document and you can appeal the decision within a specific time period.

A VA attorney can help you gather evidence for your claim. In addition to medical evidence Our veterans advocate can get opinions from independent medical examiners and a statement from your VA treating physician regarding the impact of your disability on your life.

Meeting with VSO VSO

A VSO can assist with a myriad of programs, beyond disability compensation. These include vocational rehabilitation, employment, home loans and group life insurance. They can also assist with medical benefits as well as military burial benefits. They will review all of your documents from your military service, and medical records to find out which federal programs you are qualified for and will fill out the necessary paperwork required to apply.

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

After the VA has all your evidence, they will go through it and assign a disability rating in accordance with the severity of your symptoms. A VSO can discuss your rating, and additional state benefits to which you could be eligible, with you once you receive an answer from the federal VA.

The VSO can also assist you to request an appeal to the VA to resolve a problem if you disagree with a ruling made by the federal VA. In the Appeals Modernization Act, there are three “lanes” available for an appeal that includes a supplemental claim, higher-level review or a Notice of Disagreement to the Board of Veterans Appeals. A VSO will help you determine the best appeal or review option for your particular situation.

Appeals

The VA appeals process is lengthy and complicated. Depending on the AMA route is chosen and if your case is treated with priority this could mean it takes some time to get the final decision. A veteran disability lawyer can assist you in determining the best way to proceed and can file a formal appeal on your behalf when necessary.

There are three methods to appeal a Veterans Benefits denial however each one takes different amounts of time. A lawyer can help you determine which option is best for your situation and explain the VA disability appeals procedure so that you know what to expect.

If you decide to forgo the DRO review and instead go directly to the BVA you must file a Form 9 formal appeal and wait for your regional office to forward your case to the Board. The BVA will issue a Statement Of Case (SOC). You can request a private hearing before the BVA however, it isn’t required.

A supplemental claim provides you with the opportunity to provide fresh and relevant evidence for the VA. This includes medical evidence but also non-medical evidence like lay statements. An attorney can submit these statements on your behalf and can also obtain independent medical examinations and a vocational expert’s opinion. If the BVA denies your supplemental claim you can submit an appeal to the Court of Appeals for Veterans Claims.