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How to File a Veterans Disability Case

Many veterans join military service suffering from medical conditions which they don't report or treat. They believe that they will be cured or disappear after a while.

As time passes, the problems become more severe. Now they need help from the VA to receive compensation. The VA doesn't believe the VA.

Getting Started

Many veterans are waiting for years before filing a disability claim. Many veterans wait years before filing a disability claim. For this reason, it is important to start the process as soon as the symptoms of disability become severe enough. Let the VA know if you plan to file a claim on a later date by submitting an intent to file. This will enable you to establish an earlier effective date and will make it easier for you to claim your back pay.

It is important that you include all relevant evidence when you file your initial claim. You should include all medical records from civilian hospitals and clinics related to the injuries or illnesses you plan to claim as well as military documents.

The VA will examine your claim and request additional evidence from both you and your healthcare providers. Once they have the data they require, they will schedule you for an examination to determine your compensation and pension (C&P) to help them decide your rating.

It is recommended to complete this prior to your separation physical to ensure that it is recorded as a disability resulting from service, even when the rating is zero percent. It will be much easier to request an increase in your rating if your condition becomes worse.

Documentation

To be able to claim the benefits you are entitled to, it is essential to give your VA disability lawyer with all relevant documents. This could include medical records, service records and even lay evidence, such as letters from family, friends members, or coworkers who understand veterans disability lawyer the impact of your disabilities on you.

Your VSO can assist you in gathering the required 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 have a chronic condition and that it was caused or worsened by your time in the Armed Forces.

The next step is for VA to examine the evidence and determine your disability rating. This is done by using a schedule created by Congress which specifies which disabilities are compensable and at what percentage.

If VA finds that you have a qualifying disability, they will inform you of this decision in writing, and then send the relevant documents to Social Security for processing. If they conclude that you don't have a qualifying impairment then the VSO returns the form and you are able to appeal the decision within a certain timeframe.

A VA lawyer can assist you to get the evidence you need to prove your claim. Our veterans advocate can obtain medical records and opinions from independent medical examiners and also a statement from the VA treating doctor regarding your disability.

Meeting with VSO VSO

A VSO can help with a myriad of programs beyond disability compensation, such as vocational rehabilitation and employment, home loans and group life insurance, medical benefits including 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 are eligible for and to complete the necessary paperwork required 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 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.

When the VA has all of your evidence, they'll review it and give you a disability score based on the severity of your symptoms. A VSO will discuss your rating and any additional state benefits to which you could be eligible, after you have received a decision from the federal VA.

The VSO can help you request an interview 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 notification of disagreement to the Board of veterans disability Lawyer Appeals. A VSO can help you decide which appeal or review options are appropriate for your situation.

Appeal

The VA appeals process is lengthy and complicated. It could take up to a year or more to receive an answer, based on the AMA option you select and if your case qualifies for priority processing. A veteran disability lawyer can help you determine the best course of action and may file a formal appeal on your behalf when necessary.

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

If you wish to bypass the DRO review to submit your case directly to BVA, then you must fill out Form 9 and wait for the regional office to transfer the file to the Board. The BVA will then issue an Statement of Case (SOC). You can request a private hearing before the BVA however it isn't required.

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