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How to File a Veterans Disability Case

Many veterans suffer from medical issues when they enter the military, but do not disclose them or treat them. They think that the problems will go away over time or improve.

However, as time goes by, those problems become more severe. They now require assistance from the VA to get compensation. The problem is that the VA isn't going to believe them.

Getting Started

Many veterans have to wait for years before making a claim. They may believe that they are able to handle the issue or think it will go away on its own without treatment. It is important to file a claim when the symptoms of disability are severe enough. If you are planning to make a claim in the future you should inform the VA know by filing an intent to submit form. This will establish an earlier effective date, making it easier to claim back payment for time that you've already missed out on because of your disability.

When you file the initial claim, it is important to provide all evidence relevant. You must include all medical records from civilian hospitals and clinics that pertain to the injuries or illnesses you intend to claim, and military records.

The VA will examine your claim and request additional evidence from both you and your healthcare providers. Once they have the information they require, they'll arrange for veterans Disability you to take a compensation and pension exam (C&P) to determine your eligibility.

It is recommended to complete this in conjunction with your separation physical, so that it is recognized as a service-connected disability, even when the rating is only 0%. This will make it easier to request an increase in your rating when your condition becomes worse.

Documentation

It is vital that you provide all the necessary documentation to your VA disability lawyer in order to get the benefits to which you are entitled. This could include your medical records, service records and even lay evidence, such as letters from family members, friends members or coworkers who know how your disabilities affect you.

Your VSO can assist you in obtaining the required documentation. This can include medical records from the VA Hospital and a private physician's report, diagnostic tests, and other evidence to prove that you suffer from a chronic illness and that your service in the Armed Forces caused or worsened it.

The next step is for VA to review the evidence and determine your disability rating. This is done by using a schedule drafted by Congress which defines which disabilities are compensable and in what percentage.

If VA finds that you qualify for disability benefits, they will notify you in writing of their decision and send all the relevant documents to Social Security. If they decide that you do not have a qualifying disability then the VSO will return the document to you and you can appeal this decision within a specific time.

A VA attorney in Kalamazoo can help you gather the evidence needed for your claim. Our veterans advocate can obtain medical documentation and opinions from independent medical examiners and also a statement from the VA treating physician about your condition.

Meeting with VSO VSO

A VSO can assist with a myriad of programs that go beyond disability compensation. They can help with vocational rehabilitation, employment, home loans and group life insurance. They also can assist with medical benefits and military burial benefits. They will go through your medical and service records to determine what federal programs are available to you and 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 veterans disability lawyers, Servicemembers, and their families. They are authorized by law to represent the interests of a Veteran or dependent who has a claim to any federal benefit.

After the VA has all of your evidence, they will go through it and determine a disability classification based on the severity of your symptoms. Once you receive a decision by the federal VA, the VSO can discuss with you the ratings and any additional state benefits that you may be entitled to.

The VSO can also assist you to request an appointment with the VA to resolve an issue when you are not satisfied with a decision made by the federal VA. The Appeals Modernization Act provides three "lanes" to appeal. These include a supplementary claim or a review at a higher level or a notice of disagreement to the Board of veterans disability law firms Appeals. A VSO can assist you in deciding which appeal or review options are appropriate for your situation.

Appeals

The VA appeals procedure can be complicated and lengthy. Depending on which AMA route is chosen and if your case is eligible to be considered prioritised or not, it could take some time to get a final decision. A veteran disability lawyer can assist you in determining the best route to take and file a formal appeal on behalf of you if needed.

There are three ways to appeal the denial of veterans' benefits however each one requires the time in a different way. A lawyer can help you decide which option is best for your situation and explain the VA disability appeals process to help you understand what to expect.

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

A supplemental claim gives you the opportunity to provide new and relevant evidence for the VA. This could include medical evidence, but also non-medical proof like lay statements. Lawyers can submit these statements and obtain independent medical examinations as well as a vocational expert's opinion on your behalf. If the BVA refuses to accept your supplemental claim you may appeal to the Court of Appeals for Veterans Claims.