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How to File a Veterans Disability Case

Many veterans have medical problems when they enter the military, but don't declare them or address them. They think they'll disappear or improve after a while.

However, as time goes by, those problems get worse. Now they need the VA's assistance to receive compensation. The VA does not believe in the VA.

Getting Started

Many veterans wait years before filing a disability claim. They may believe they are able to manage the issue or believe that it will disappear by itself if they don't seek treatment. It is essential to initiate the process as soon as the symptoms of disability become severe enough. If you're planning to file a claim in the future you should let the VA be aware by submitting an intent to submit form. This will allow you to establish an earlier effective date and make it easier for you to receive your back pay.

When you file the initial claim, you need to provide all evidence relevant. This includes civilian medical clinic and hospital records pertaining to the illness or injuries you intend to claim, as well as any military records related to your service.

Once the VA has received your claim, they will review it and gather additional evidence from you and your health medical professionals. Once they have all the information they require, they'll arrange an appointment for you to take a Compensation and Pension Exam (C&P) to determine your rating.

This should be done in parallel with the separation physical, so that your condition is recorded as service-connected even if it's not%. This will make it much easier to file for an increased rating later in the event that your condition gets worse.

Documentation

In order to obtain the benefits you are entitled to, it is crucial to provide your VA disability lawyer with all of the relevant documentation. This could include medical records, service records and even lay evidence, such as letters from relatives, friends members, or coworkers who understand how your disabilities affect you.

Your VSO can help you gather the necessary 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 debilitating condition that was caused by or made worse by your time in the Armed Forces.

VA will then evaluate the evidence to determine your disability rating. This is done by using a schedule drafted by Congress that specifies which disabilities can be compensated and in what percentage.

If VA finds that you suffer from a qualifying disability, they will notify you of the decision in writing, and then send the relevant documents to Social Security for processing. If they find that you do not have a qualifying disability and the VSO will return the document to you and the decision is yours to appeal within a set time.

A VA lawyer can assist you to collect evidence to support your claim. Our veterans advocate can also obtain medical documentation and opinions from independent medical examiners, as well as a statement from the VA treating physician about your disability.

Meeting with VSO VSO

A VSO can help with a myriad of programs beyond disability compensation, including vocational rehabilitation and employment such as home loans, group life insurance medical benefits and military burial benefits and more. They will look over your medical and Veterans disability service records to determine the federal programs accessible to you, and fill the necessary 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 attorney, Servicemembers, and their families. They are authorized to represent the interests of a Veteran or dependent who is claims for any federal benefit.

When the VA has all of your evidence, they'll review it and give you a disability score according to the severity of your symptoms. A VSO can discuss your rating and any additional state benefits for which might be eligible, with you when you receive a decision from the federal VA.

The VSO can also help you request an hearing with the VA to resolve a problem if you disagree with a decision of the federal VA. Under the Appeals Modernization Act, there are three "lanes" that can be used to appeal: a supplemental claim, a higher level review or an appeal to the Board of Veterans Appeals. A VSO will help you determine the best appeal or review option for your particular situation.

Appeals

The VA appeals process is lengthy and complicated. It could take up to a one year or more to get the outcome, depending on the AMA route you choose and if your case qualifies for priority processing. A veteran disability lawyer can help you determine the best way to proceed and can file a formal appeal on your behalf if needed.

There are three options to appeal a veterans benefits denial However, each requires different amount of time. A lawyer can help you determine the best option for your case, and also explain the VA disability claims process so you know what you can expect.

If you'd like to skip the DRO review in order to directly go to BVA the BVA, then submit Form 9 and wait for the regional office to transfer the file to the Board. The BVA will then issue a Statement of the Case (SOC). You may request an individual hearing before the BVA but it's not a requirement.

A supplemental claim provides you with the opportunity to provide new and relevant evidence for the VA. This can include medical evidence as well as non-medical evidence like lay statements. An attorney can submit these statements on behalf of you and can also obtain independent medical examinations and a vocational expert's opinion. If the BVA decides to deny your claim you may appeal to the Court of Appeals for veterans disability lawyer Claims.