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How to File a Veterans Disability Case

Many elizabethtown veterans disability lawyer suffer from medical issues as they join the military, but they don’t declare them or address them. They think that the problem will be gone over time or improve.

But as time passes, the problems get worse. They now require the VA’s assistance to get compensation. The problem is that the VA won’t believe them.

Getting Started

Many veterans have to wait for years before filing an claim. Many veterans wait for years before making a claim for disability. It is crucial to file a claim as soon as the symptoms of disability become severe enough. Let the VA know if you intend to file your claim at later time by submitting an intent to file. This will set a more effective date, which will make it easier to recover your money for time you’ve already been denied due to your disability.

It is vital to provide all the relevant documentation when you submit your initial claim. This includes any medical clinics in the civilian sector and hospital records that relate to the illness or injuries you’re planning to claim, as well any military records pertaining to your service.

When the VA receives your claim they will review it and collect additional evidence from you and your health healthcare providers. Once they have the data they require, they will schedule you for an examination to determine your compensation and pension (C&P) to determine your eligibility.

This should be done in conjunction with the separation physical, so that your disability is documented as service-connected, even if it’s 0 percent. It will be much easier to request an increase in rating if your condition becomes worse.

Documentation

It is vital that you supply all the necessary documentation to your VA disability lawyer in order to get the benefits to which you are entitled. This can include medical records, service records and letters from relatives, friends or colleagues who understand the impact of your disability on you.

Your VSO can assist you in obtaining the required 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 show that you have a chronic condition that was caused or vimeo.com made worse through your service in the Armed Forces.

VA will then examine the evidence to determine your disability rating. This is accomplished by using a schedule drafted 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 inform you of the decision in writing. They will then forward the appropriate documents to Social Security for processing. If they decide that you do not have a qualifying impairment The VSO returns the document to you and you may appeal the decision within a specified time period.

A VA attorney can help you gather evidence for your claim. Our veterans advocate can obtain medical documentation and opinions from independent medical examiners, as well as a statement from the VA treating doctor about your disability.

Meeting with a VSO

A VSO can assist with a myriad of programs that go beyond disability compensation, including vocational rehabilitation and employment loans for home and group life insurance, medical benefits as well as military burial benefits and many more. They will review all of your service records and medical records to figure out which federal programs you are qualified for and will fill out the necessary paperwork to apply.

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 dependent who is claims for any federal benefit.

When the VA has all the evidence, they will evaluate it and determine a disability rating based on the severity of your symptoms. If you are granted a decision by the federal VA, an VSO will discuss with you the ratings and any additional state benefits you might be entitled to.

The VSO can help you request an appointment 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” to appeal. These are a supplemental claim or a review at a higher level or a written notice of disagreement to the Board of Veterans Appeals. A VSO can assist you in determining which appeal or review option is appropriate for your particular situation.

Appeals

The VA appeals process is complicated and lengthy. Depending on the AMA lane is chosen and if your case is eligible to be treated with priority, it can take a long time to receive an official decision. A veteran disability lawyer can assist you in determining the best path to follow and may file a formal appeal on behalf of you if needed.

There are three avenues to appeal the denial of benefits to veterans Each one of them requires different amounts of time. A lawyer can help you decide which option is the best for your particular situation, and explain the VA disability claims process so you are aware of what you can expect.

If you wish to bypass the DRO review in order for you to directly submit your case to BVA then you must fill out 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 can request a personal hearing before the BVA however, it isn’t required.

A supplemental claim provides you with the chance to present new and relevant evidence for the VA. This includes medical proof, but also non-medical evidence such lay statements. Lawyers can present these statements and get independent medical tests as well as a vocational expert’s opinion on your behalf. If the BVA rejects your supplemental claim, you can submit an appeal to the Court of Appeals for Veterans Claims.