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How to File a Veterans Disability Case

Many veterans who join the military with medical problems that they don’t seek out or treat. They think that they’ll go away or get better after a time.

As time passes, these problems continue to get worse. Now they need VA assistance to get compensation. The VA does not believe the VA.

Getting Started

Many veterans have to wait for years before filing a claim for disability. Many veterans wait years before making a claim for disability. Therefore, it is important to start the process as soon as the disability symptoms become serious enough. If you’re planning to make a claim in the future, inform the VA know by submitting an intent to submit form. This will establish an earlier effective date, making it easier to receive payment for time that you’ve already missed out on because of your disability.

It is essential to provide all the relevant documentation when you submit your initial claim. You should include all medical records from civilian hospitals and clinics related to the ailments or injuries you plan to claim and military records.

The VA will examine your claim and gather additional evidence from both you and your healthcare providers. Once they have all of the information they require, they’ll make an appointment with you to take an examination called a Compensation and Pension (C&P) in order to determine your eligibility.

It is best to do this prior to your separation physical so that it is documented as a disability that is service-connected, even if the rating is 0 percent. This will make it much easier to apply for an increase in your rating should your condition get worse.

Documentation

To receive the benefits you are entitled to, it is crucial to provide your VA disability lawyer with all relevant documentation. This may include medical records, service records and other evidence of a lay nature, such as letters from friends, family members, or colleagues who understand how your disabilities affect you.

Your VSO can help you gather the required documentation. This could include medical records from the VA hospital, private physician’s reports or diagnostic tests as well as other evidence to show that you suffer from a disabling condition that was caused by or worsened due to your service in the Armed Forces.

VA will then assess the evidence to determine your disability rating. This is done by using the schedule that was created by Congress which specifies which disabilities are compensable and at 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 decide that you don’t have a qualifying disability, the VSO returns the document and you can appeal the decision within a specified period of time.

A VA attorney can help you gather evidence for your claim. Our clementon veterans disability lawsuit advocate can also obtain medical records and opinions from independent medical examiners as well as a letter from the VA treating doctor regarding your disability.

Meeting with VSO VSO

A VSO can assist with a myriad of programs, ranging from disability compensation. They offer vocational rehabilitation, employment, home loans and group life insurance. They can also assist with medical benefits and burial benefits. They will examine your medical and service records to determine which federal programs are available to you. They will also fill the necessary 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 elkhorn veterans disability lawyer, Servicemembers, and their families. They are authorized to represent any Veteran or dependent with a claim of any federal benefit.

When the VA receives all the evidence they will review it, and then give you a rating of disability depending on the severity of your symptoms. A VSO can discuss your ratings as well as any other state benefits for which you may be eligible, with you when you receive a decision from the federal VA.

The VSO can help you request an interview with the VA in the event that you are dissatisfied with a decision made by the federal VA. The Appeals Modernization Act provides three “lanes” for appeals. They are a supplementary claim, or a more thorough review or a notice of disagreement to the Board of Bloomington veterans Disability Lawyer Appeals. A VSO will help you determine the best appeal or review option for your particular situation.

Appeal

The VA appeals process is complicated and long. It could take up to a year or more to receive the outcome, depending on the AMA option you select and whether your case is eligible for priority processing. An experienced disability attorney can help you decide the best course of action and file an appeal on your behalf in the event of a need.

There are three options to appeal the denial of veterans’ benefits however each one requires the time in a different way. A lawyer can help decide which one is the most appropriate for your situation, and also explain the VA disability claims process so you are aware of what to expect.

If you’d like to skip the DRO review in order to submit your case directly to BVA then you must complete Form 9 and wait for the regional office to transfer the file to the Board. The BVA will issue a 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 fresh and relevant evidence to the VA. This can include medical evidence as well as non-medical evidence like lay statements. An attorney can submit these statements on your behalf and also get independent medical examinations and a vocational expert opinion. If the BVA refuses to accept your supplemental claim you can appeal to the Court of Appeals for Veterans Claims.