Five Veterans Disability Lawyer Lessons From The Pros

How to File a Veterans Disability Case

Many veterans join military service with medical issues which they don't report or treat. They think that the problem will go away after a time or improve.

As time passes and the conditions get worse. Now, they need help from the VA to get compensation. The problem is that the VA will not believe them.

Getting Started

Many veterans are waiting for years before submitting a disability claim. They might believe that they are able to handle the issue or think it will go away on its own without treatment. This is why it is essential to initiate filing a claim as soon the symptoms of disability get serious enough. If you're planning to pursue a claim in future, let the VA know by filing an intent to submit form. This will allow for a later effective date, making it easier to recover payment for time that you've already been denied due to your disability.

It is essential to provide all the relevant documentation when you submit your initial claim. This includes any medical clinics in the civilian sector and hospital records regarding the ailments or injuries you intend to claim as well as any military records related to your service.

When the VA receives your claim, they will review it and seek additional evidence from you and your health care providers. Once they have all the evidence they require, they will schedule an appointment for you to take a Compensation and Pension Exam (C&P) in order to determine your eligibility.

It is recommended to do this in conjunction with your separation physical so that it is documented as a service-connected disability, even when the rating is zero%. This will make it much easier to apply for an increase in your rating in the event that your condition gets worse.

Documentation

To receive the benefits you are entitled to, it is essential to provide your VA disability lawyer with all relevant documents. This could include medical documents, service records as well as letters from friends, relatives or colleagues who understand how your disability affects you.

Your VSO can assist you in gathering the required documentation. This could include medical records from the VA Hospital as well as a private physician's note, diagnostic tests, and other evidence to prove that you have a debilitating illness and that your participation in Armed Forces caused or worsened it.

The next step is for VA to assess the evidence and determine your disability rating. This is done by using an approved schedule by Congress that determines which disabilities are eligible for compensation and at what percentage.

If VA determines that you qualify for disability benefits, they will notify you in writing of their decision and forward all the relevant documents to Social Security. If they decide that you do not have a qualifying impairment and the VSO returns the documents and you have the option to appeal the decision within a certain period of time.

A VA lawyer in Kalamazoo can assist you in obtaining the evidence you need to support your claim. Our verona veterans disability law firm advocate can also get medical documents and opinions from independent medical examiners as well as a statement from the VA treating doctor Vimeo regarding your disability.

Meeting with a VSO

A VSO can help with a range of programs beyond disability compensation, such as vocational rehabilitation and employment, home loans, group life insurance, medical benefits as well as military burial benefits and more. They will look over all of your records from service, and medical records to find out the federal programs you're eligible for and to 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 a Veteran or a dependent who has a claim of any federal benefit.

When the VA has received all of your evidence, they will examine it, and assign a rating of disability according to the severity of your symptoms. A VSO can discuss your ratings, and additional state benefits to which you might be eligible after you have received an answer from the federal VA.

The VSO can help you request an hearing with the VA in the event you disagree with a decision of the federal VA. Under the Appeals Modernization Act, there are three "lanes" available for an appeal: a supplemental claim, a higher level review or a Notice of Disagreement with the Board of bladensburg veterans disability Law firm Appeals. A VSO will help you determine the best appeal or review option for your situation.

Appeals

The VA appeals procedure can be complex and long. Based on which AMA option is selected and if your case is eligible to be treated with priority or not, it could take several months to receive the final decision. A veteran disability lawyer can help you determine the best route to take and can also file an official appeal on your behalf, if necessary.

There are three options for appealing the denial of benefits to veterans however each one requires an varying amount of time. A lawyer can help you decide which option is the best for your situation and explain the VA disability claims process to help you understand what you can 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 can request an individual hearing before the BVA but it's not required.

A supplemental claim provides you with the chance to submit new and relevant evidence to the VA. This can include medical evidence and non-medical evidence such as lay statements. An attorney can submit these statements on behalf of you and also obtain independent medical examinations and a vocational expert opinion. If the BVA denies your claim, you may appeal to the Court of Appeals for Veterans Claims.