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How to File a Veterans Disability Case

Many veterans who join the military with health issues that they do not report or treat. They think that the problems will disappear after a while or get better.

As time passes as time passes, the issues continue to get worse. Now they need the VA's assistance to receive 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 can manage the problem or that it will disappear on its own without treatment. It is important to file a claim as soon as the symptoms of disability become serious enough. Let the VA be aware if you are planning to file a claim on later time by submitting an intent to file. This will allow you to determine a more recent effective date and make it easier to receive your back pay.

It is vital to provide all the relevant documentation when you file your initial claim. Include all medical records from hospitals and clinics that pertain to the ailments or injuries you are planning to claim and military documents.

The VA will examine your claim and gather additional evidence from both you and your healthcare providers. Once they have all the data they require, they will set up an appointment to take an examination called a Compensation and veterans Disability Lawyer Pension (C&P) in order to determine your rating.

It is recommended to complete this as a part of your separation physical, so that it is documented as a disability resulting from service, even when the rating is only 0%. It will be much easier to request an increase in rating should your condition gets worse.

Documentation

In order to obtain the benefits you are entitled to, it is essential to provide your VA disability lawyer with all relevant documentation. This could include medical documents, service records as well as letters from friends, relatives or colleagues who understand the impact of your disability on you.

Your VSO can help you gather the necessary documentation. This could include medical records from the VA hospital or private physician's report or diagnostic tests as well as other evidence to prove that you suffer from a debilitating condition that was caused by or made worse due to your service in the Armed Forces.

The next step is for VA to assess the evidence and determine your disability rating. This is done with the schedule created by Congress that designates 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 send all relevant documents to Social Security. If they determine that you don't have a qualifying impairment then the VSO returns the form and you are able to appeal the decision within a predetermined time period.

A VA attorney in Kalamazoo will assist you with gathering the evidence you need to support your claim. Our veterans advocate can obtain medical records and opinions from independent medical examiners, as well as a statement from the VA treating doctor regarding your disability.

Meeting with a VSO

A VSO can help with a myriad of programs that go beyond disability compensation. These include vocational rehabilitation, employment, home loans and group life insurance. They also can assist with medical benefits as well as military burial benefits. They will go over all of your records from service, and medical information, to find out what federal programs you're eligible for and fill out the necessary paperwork required to apply.

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

When the VA has all the evidence, they will review it and determine a disability classification in accordance with the severity of your symptoms. Once you receive a decision by the federal VA, the VSO will be able to discuss with you your ratings and any additional benefits from the state that you might be entitled to.

The VSO can help you request an appointment with the VA in the event you disagree with a decision by the federal VA. The Appeals Modernization Act provides three "lanes" to appeal. They are a supplementary claim or a higher-level review or a notice of disagreement to the Board of Veterans Appeals. A VSO will help you determine which appeal or review option is appropriate for your particular situation.

Appeals

The VA appeals process is complicated and long. It could take a one year or more to get a decision, depending on the AMA choice you make and whether your case qualifies for priority processing. A veteran disability lawyer can help you decide the best route to take and can make an appeal on your behalf, if needed.

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

If you'd like to skip the DRO review to directly go to BVA the BVA, then 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 an individual hearing before the BVA but it's not a requirement.

A supplemental claim gives you the chance to present new and relevant evidence to the VA. This includes medical evidence but also non-medical evidence such as statements made by laypeople. Lawyers can present these statements and get independent medical examinations as well as a vocational expert's recommendation on your behalf. If the BVA denies your claim, you can appeal to the Court of Appeals for Veterans Claims.