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How to File a Veterans Disability Case

Many veterans go into military service with health issues that they don't seek out or treat. They think that the problem will disappear over time or improve.

As the years go by, these problems continue to worsen. They now require the VA's help to get compensation. The problem is that the VA won't accept their claims.

Getting Started

Many veterans have to wait for years before making an claim. They might think that they can manage the problem or that it will go away by itself, without treatment. Therefore, it is important to start a claim as soon as the symptoms of disability become severe enough. Let the VA know if you plan to file your claim at an earlier date by submitting an intention to file. This will allow you to determine an earlier effective date and make it easier for you to get your back pay.

When you file the initial claim, it's important to provide all evidence relevant. Include all medical records from hospitals and clinics pertaining to the injuries or illnesses you're planning to file a claim for, as well as military documents.

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

This should be done in conjunction with the separation physical to ensure that your condition is documented as service-connected, even if it's 0%. This will make it much easier to request an increase in your rating in the event that your condition gets worse.

Documentation

It is vital that you provide all the necessary documentation to your VA disability lawyer to ensure that you receive the benefits to which you are entitled. This can include medical documents, service records, and letters from friends, relatives or colleagues who understand how your disability affects you.

Your VSO can help you gather 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 that proves you are suffering from a condition that is disabling and that your time in the Armed Forces caused or worsened it.

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

If VA determines that you are eligible for disability benefits, they will notify you in writing of their decision. They will also send all relevant documents to Social Security. If they find that you don't have a qualifying impairment The VSO returns the document to you and you may appeal the decision within a certain time period.

A VA lawyer in Kalamazoo can assist you in gathering the evidence you need to support your claim. Our veterans advocate can also obtain medical records and opinions from independent medical examiners, and also a statement from the VA treating doctor regarding your condition.

Meeting with a VSO

A VSO can assist with a myriad of programs that go beyond disability compensation, such as vocational rehabilitation and employment, home loans, group life insurance medical benefits and military burial benefits and more. They will review your medical and service records to determine what federal programs are accessible to you, and fill with the required forms.

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 legally able to represent any Veteran, dependent or survivor with a claim for any federal benefit.

After the VA has all of your evidence, they'll review it and determine a disability rating according to the severity of your symptoms. A VSO can discuss your rating and other state benefits, for which you may be eligible, after you have received a decision from the federal VA.

The VSO can also assist you to request an hearing with the VA to resolve a problem in case you disagree with a decision taken by 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 an appeal to the Board of Veterans Appeals. A VSO can assist you in deciding which appeal or review options are appropriate for your particular situation.

Appeals

The VA appeals process is complicated and time-consuming. It could take a full one year or more to get a decision, depending on the AMA option you select and whether your case qualifies for priority processing. A veteran disability lawyer can help you determine the best course of action and can file a formal appeal on behalf of you if required.

There are three options for appealing the denial of benefits to veterans disability attorneys, but each one takes the time in a different way. A lawyer can assist you in deciding which one is the most appropriate for your situation and also explain the VA disability claims process so you are aware of what you can expect.

If you'd like to bypass 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 forward the file to the Board. The BVA will issue a Statement of Case (SOC). You can request a personal hearing before the BVA however it is not mandatory.

A supplemental claim provides you with the opportunity to provide fresh and relevant evidence to the VA. This could include medical evidence however, it can also include non-medical proof such as lay statements. An attorney can make these statements on your behalf and also obtain independent medical exams and a vocational expert's opinion. If the BVA denies your claim, you can appeal to the Court of Appeals for Veterans Claims.