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How to File a Veterans Disability Case

Many veterans enter military service with health issues which they don’t report or treat. They think that the problem will go away after a while or get better.

As time passes the problems continue to get worse. They now require assistance from the VA to receive compensation. The problem is that the VA isn’t going to believe them.

Getting Started

Many demarest veterans disability attorney wait for a long time before filing an claim. They may believe that they can deal with the issue or believe that it will go away by itself without treatment. Therefore, it is crucial to file filing a claim as soon the disability symptoms become serious enough. If you’re planning to file a claim in the future, inform the VA know by submitting an intent to submit form. This will help you determine a more recent effective date and will make it easier to get your back pay.

It is important that you include all relevant proof when you submit your initial claim. This includes civilian medical clinic and hospital records pertaining to the illness or injuries you’re planning to claim as well as any military records pertaining to your service.

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

This must be done in tandem with the separation physical, to ensure that your condition is recognized as service-connected even if it’s not percent. It will be much easier to ask for an increase in rating should your condition becomes worse.

Documentation

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

Your VSO can assist you with gathering the necessary documentation. This may include medical records from the VA hospital and private physician’s records or diagnostic tests as well as other evidence to show that you suffer from a disabling condition and that it was caused by or made worse by your time in the Armed Forces.

VA will then review the evidence to determine your disability rating. This is done with the schedule that was created by Congress which 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, and then send the appropriate documents to Social Security for processing. If they decide that you do not have a qualifying disability and the VSO will return the document to you and it is possible to appeal the decision within a certain time period.

A VA attorney in Kalamazoo can help you gather the evidence needed for your claim. Our chester veterans disability lawsuit advocate can collect medical documentation and opinions from independent medical examiners, and a written statement from the VA treating physician regarding your disability.

Meeting with a VSO

A VSO can assist with a wide range of programs beyond disability compensation, such as vocational rehabilitation and employment loans for home and group life insurance, medical benefits, military burial benefits, and more. They will examine your medical records and service records to determine which federal programs are available to you and then fill in 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 marshfield veterans disability attorney, Servicemembers, and their families. They are authorized to represent a Veteran or dependent who is an application for any federal benefit.

After the VA receives all the evidence, they will examine it, and assign an assessment of disability in accordance with the severity of your symptoms. A VSO can discuss your rating, and additional state benefits, for which you could be eligible, with you once you receive a decision from the federal VA.

The VSO can also help you request an appeal to the VA to resolve a problem in the event that you do not agree with a decision taken by the federal VA. Under the Appeals Modernization Act, there are three “lanes” available for an appeal such as a supplemental appeal, a higher level 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 can be complicated and time-consuming. It could take up to a year or longer to receive a decision, based on the AMA route you choose and whether your case qualifies for priority processing. A veteran disability lawyer can assist you in determining the best course of action and file a formal appeal on behalf of you if required.

There are three ways to appeal a Veterans Benefits denial, but each takes different amount of time. A lawyer can assist you in deciding the best option for your particular situation, and also explain the VA disability claims process so that you know what you can expect.

If you decide to forgo the DRO review and go directly to the BVA you must file an appeal form 9 formal appeal and wait for the regional office of your region to transfer your appeal to the Board. The BVA will then issue an Statement of Case (SOC). You can request a personal hearing before the BVA however it is not mandatory.

A supplemental claim gives you the opportunity to present fresh and relevant evidence to the VA. This includes medical evidence but also non-medical evidence such as statements from lay people. An attorney can present these statements on your behalf and also request independent medical examinations and a vocational expert opinion. If the BVA decides to deny your claim you may appeal to the Court of Appeals for Veterans Claims.