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How to File a Veterans Disability Case

Many veterans disability lawsuits go into military service with medical problems which they don't report or treat. They believe that the issue will be gone after a period of time or improve.

As the years go by, these problems continue to get worse. 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 disability lawyer have to wait for years before filing a claim for disability. They might believe they are able to manage the issue or that it will disappear on its own without treatment. It is crucial to file a claim as soon as the symptoms of disability are severe enough. Let the VA be aware if you are planning to file a claim on a later date by submitting an intent to file. This will allow you to establish an effective date that is more recent and make it easier to receive your back pay.

It is important that you provide all the relevant documentation when you submit your initial claim. This includes civilian medical clinic and hospital records related to the illnesses or injuries you're planning to claim, as well as any military records pertaining to your service.

Once the VA accepts your claim they will review it and veterans disability lawyer gather additional evidence from you and your health medical professionals. Once they have the data they require, they will schedule you for a compensation and pension exam (C&P) to determine your rating.

It is best to do this in parallel with your separation physical to ensure it is recorded as a disability resulting from service, even in the event that the rating is 0 percent. This will make it easier to apply for an increase in rating later on when your condition becomes worse.

Documentation

In order to obtain the benefits you are entitled to, it is vital to give your VA disability lawyer with all of the relevant documents. This could include medical documents, service records as well as letters from relatives, friends or coworkers that know the impact of your disability on you.

Your VSO can help you gather the necessary documentation. This may include medical records from the VA hospital and private physician's records or diagnostic tests as well as other evidence to prove that you suffer from a disabling condition that was caused or made worse by your time in the Armed Forces.

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

If VA determines that you are suffering from a qualifying disability, they will inform you of the decision in writing, and then send the appropriate documents to Social Security for processing. If they find that you don't have a qualifying disability and the VSO will return the document to you, and it is possible to appeal the decision within a specific time.

A VA attorney in Kalamazoo will assist you with gathering the evidence needed for your claim. Our veterans advocate can also obtain medical records and opinions from independent medical examiners and a written 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. These include vocational rehabilitation employment, home loans, and group life insurance. They also can assist with medical benefits and burial benefits. They will review all of your records from service, and medical information to find out what federal programs you're eligible for and complete the required paperwork for you 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, Servicemembers, and their families. They are authorized to represent a Veteran or a dependent with an application for any federal benefit.

Once the VA has all the evidence, they will review it and determine a disability classification according to the severity of your symptoms. Once you receive a decision by the federal VA, you will be contacted by a VSO will be able to discuss with you your rating and any other state benefits you might be entitled to.

The VSO can also help you request an hearing with the VA to resolve an issue if you disagree with a decision of the federal VA. The Appeals Modernization Act provides three "lanes" for an appeal. These include a supplementary claim or a higher-level review or a notice of disagreement to the Board of Veterans Appeals. A VSO can assist you in determining which appeal/review option is best for your particular situation.

Appeals

The VA appeals procedure can be complex and long. Depending on which AMA route is chosen and if your case is eligible to be treated with priority this could mean it takes several months to receive the final decision. A veteran disability lawyer can assist you in determining the best route to take and can make an appeal on your behalf in the event of a need.

There are three options to appeal the denial of benefits to veterans, but each one takes different amounts of time. A lawyer can help you determine the best option for your situation and explain the VA disability appeals process so that you know what you can expect.

If you'd like to skip the DRO review in order for you to directly submit your case to BVA, then you must complete 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 may request an individual hearing before the BVA but it isn't mandatory.

A supplemental claim gives you the chance to submit new and relevant evidence to the VA. This can include medical evidence however, it can also include non-medical proof such as lay statements. An attorney can present these statements on your behalf and can also obtain independent medical exams and a vocational expert opinion. If the BVA declines your supplemental claim, you can submit an appeal to the Court of Appeals for Veterans Claims.