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How to File a Veterans Disability Case

Many veterans suffer from medical issues as they join the military, but they don't declare them or address them. They believe that the issue will be gone after a period of time or improve.

As time passes, the problems get worse. Now they need the VA's assistance to receive compensation. The problem is that the VA isn't going to believe them.

Getting Started

Many veterans are waiting for years before making claims. They might think that they are able to handle the problem or that it will go away by itself without treatment. This is why it is crucial to begin filing a claim as soon the disability symptoms become serious enough. If you are planning to make a claim in the future, inform the VA know by submitting an intent to submit form. This will allow for a later effective date, making it easier to recover money for the time you've missed due to your disability.

When you file your initial claim, it is important to provide all evidence relevant. You should include all medical records from civilian hospitals and clinics pertaining to the ailments or veterans Disability injuries you plan to claim as well as military documents.

Once the VA accepts your claim they will review it and gather additional evidence from you and your health care providers. Once they have the data they require, they'll arrange for you to take an exam for compensation and pension (C&P) to determine your rating.

It is recommended to do this in conjunction with your separation physical to ensure that it is documented as a disability that is service-connected, even in the event that the rating is 0%. This will make it simpler to obtain an increase in rating later on should your condition get worse.

Documentation

It is essential to submit all the documentation required to your VA disability lawyer in order to get the benefits to which you are entitled. This could include medical records, service records and letters from friends, relatives or coworkers who are aware of the impact of your disability on 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 as well as diagnostic tests and other evidence to show that you suffer from a debilitating condition that was caused by or worsened by your time in the Armed Forces.

VA will then assess the evidence to determine your disability rating. This is done by using a schedule drafted by Congress that outlines the types of disabilities that are eligible for compensation and in what percentage.

If VA finds that you suffer from a qualifying disability, they will inform you of their decision in writing and send the relevant documents to Social Security for Veterans disability processing. If they find that you do not have a qualifying impairment The VSO returns the documents and you have the option to appeal the decision within a predetermined timeframe.

A VA attorney can help you collect evidence to support your claim. In addition to medical evidence our veterans advocate can get opinions from independent medical examiners, as well as a letter from your VA treating physician regarding the impact of your disabilities on your daily life.

Meeting with a VSO

A VSO can help with a myriad of programs that go beyond disability compensation, such as vocational rehabilitation and employment loans for home as well as group life insurance, medical benefits, military burial benefits, and many more. They will look over all of your service records, and medical information to find out which federal programs you're qualified for and will fill out the required paperwork for you to apply.

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

Once the VA receives all your evidence, they will go over the evidence, and then assign a rating of disability based on your severity of symptoms. Once you receive a decision by the federal VA, a VSO can discuss with you the ratings and any additional benefits from the state that you may be entitled to.

The VSO can also help you request an appointment with the VA to resolve a problem in case you disagree with a decision of the federal VA. In the Appeals Modernization Act, there are three "lanes" available for an appeal such as a supplemental appeal, higher-level review or a Notice of Disagreement with the Board of Veterans Appeals. A VSO can help you decide which appeal/review options are best for your situation.

Appeals

The VA appeals process is complex and long. Depending on which AMA choice is made and if your case is treated with priority this could mean it takes an extended time to receive a final decision. A veteran disability lawyer can assist you in determining the best route to take and file a formal appeal on your behalf when required.

There are three options to appeal the denial of veterans' benefits however each one requires different amounts of time. A lawyer can help you determine which option is best for you. They can also explain the VA disability appeals procedure so that you know 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 complete Form 9 and wait for the regional office to forward the file to the Board. The BVA will then issue an Statement of Case (SOC). You can request a private hearing before the BVA, but it isn't required.

A supplemental claim gives you the chance to present new and relevant evidence to the VA. This can include medical evidence, but also non-medical evidence such statements from lay people. Lawyers can submit these statements and obtain independent medical exams as well an expert's opinion from a vocational specialist on your behalf. If the BVA refuses your claim for supplemental benefits you can submit an appeal to the Court of Appeals for Veterans Claims.