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How to File a Veterans Disability Case

Many veterans join military service with health issues which they don't report or treat. They think that the problem will be gone after a time or improve.

As the years go by and the conditions continue to worsen. They now require the VA's help to get compensation. The VA isn't convinced by the VA.

Getting Started

Many veterans wait for years before filing claims. They may feel that they can manage the issue 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 severe enough. If you intend to make a claim in the future and you are unsure of the procedure, inform the VA know by filing an intent to submit form. This will establish an earlier effective date, which makes it easier to receive your money for time you've already missed due to your disability.

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

Once the VA has received your claim, they will examine it and gather additional evidence from you and your health care providers. Once they have the data they need, they will arrange for you to take an examination to determine your compensation and pension (C&P) to determine your rating.

It is best to do this prior to your separation physical so that it is recognized as a disability resulting from service, even when the rating is only 0%. This will make it much easier to request an increase in your rating in the event that your condition gets worse.

Documentation

To be able to claim the benefits you are entitled to, it is crucial to provide your VA disability lawyer with all the relevant documentation. This can include medical documents, Veterans service records, and letters from family members, friends or colleagues who understand how your disability affects you.

Your VSO can assist you with gathering the required documentation. This may include medical records from the VA hospital, private physician's reports or diagnostic tests as well as other evidence to show that you suffer from a disabling condition and that it was caused by or worsened by your time in the Armed Forces.

VA will then review the evidence to determine your disability rating. This is done by using an approved schedule by Congress that designates which disabilities are eligible to be compensated and in what percentage.

If VA determines that you have a qualifying disability, they will inform you of this decision in writing and send the appropriate documents to Social Security for processing. If they decide that you do not have a qualifying impairment then the VSO returns the document to you and you may appeal the decision within a certain timeframe.

A VA attorney can help you gather evidence for your claim. Our veterans advocate can also obtain medical documentation and opinions from independent medical examiners and a written statement from the VA treating doctor about your disability.

Meeting with VSO VSO

A VSO can assist with a myriad of programs that go beyond disability compensation, including vocational rehabilitation and employment such as home loans, group life insurance medical benefits including military burial benefits and many more. They will look over your medical records and service records to determine what federal programs are available to you and then fill out 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, Servicemembers, and their families. They are legally able to represent any Veteran or dependent with a claim for any federal benefit.

After the VA has received all of your evidence they will review the evidence, and then assign a rating of disability in accordance with the severity of your symptoms. A VSO can discuss your rating and other state benefits to which you may be eligible, with you after you have received an answer from the federal VA.

The VSO can help you request an appeal to the VA in the event you disagree with a decision of the federal VA. The Appeals Modernization Act provides three "lanes" for appeals. They are a supplementary claim or a review at a higher level, or a notice of disagreement to the Board of Veterans Appeals. A VSO can help you decide which appeal or review options are appropriate for your situation.

Appeal

The VA appeals process can be complicated and long. Depending on the AMA route is chosen and whether or not your case qualifies to be treated with priority this could mean it takes an extended time to receive an official decision. A veteran disability lawyer can help you determine the best route to take and can file a formal appeal on behalf of you if needed.

There are three ways to appeal a denial of veterans benefits Each one requires different amount of time. 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 know what you can expect.

If you prefer to bypass the DRO review and instead go directly to the BVA You must submit an appeal form 9 formal appeal and wait for your regional office to forward your file to the Board. The BVA will issue a Statement Of Case (SOC). You can request an individual hearing before the BVA but it isn't mandatory.

A supplemental claim is an opportunity to present new and relevant evidence to the VA. This includes medical evidence but also non-medical evidence such as statements from lay people. Lawyers can present these statements and get independent medical examinations aswell an opinion of a vocational expert on your behalf. If the BVA declines your supplemental claim you may file an appeal to the Court of Appeals for veterans disability law firms Claims.