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How to File a Veterans Disability Case
Many veterans disability attorney join military service with health issues that they don't report or treat. They believe that the issue will be gone after a while or get better.
As time passes the problems continue to worsen. Now they need VA assistance to receive compensation. The problem is that the VA isn't going to believe them.
Getting Started
Many veterans are waiting for years before filing a claim. Many veterans wait for years before filing a disability claim. It is essential to file a claim when the symptoms of disability become serious enough. Let the VA know if you plan to file your claim at a later date by submitting an intention to file. This will allow for a later effective date, which makes it easier to receive your money for time you've already lost due to your disability.
When you file your initial claim, it is crucial to include all relevant evidence. You must include all medical records from civilian hospitals and clinics pertaining to the injuries or Veterans Disability Lawyer illnesses you are planning 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 all the data they require, they will set up an appointment to take an examination called a Compensation and Pension (C&P) to determine your eligibility.
It is recommended to do this prior to your separation physical to ensure it is documented as a service-connected disability, even when the rating is only 0 percent. This will make it easier to request an increase in rating later on should your condition get worse.
Documentation
It is important that you provide all the required documentation to your VA disability lawyer to ensure that you receive the benefits to which you are entitled. This could include your service records, medical documentation and lay evidence like letters from family members, friends members or coworkers who know how your disabilities affect you.
Your VSO can assist you in gathering the necessary documentation. This could include medical records from the VA hospital, private physician's reports diagnostic tests, and other evidence to show that you have a chronic condition and that it was caused by or worsened due to your service in the Armed Forces.
The next step is for VA to review the evidence and determine your disability rating. This is accomplished using the schedule created by Congress that specifies the disabilities that are eligible for compensation and in what percentage.
If VA determines that you are suffering from a qualifying disability, they will inform you of this decision in writing and send the appropriate documents to Social Security for processing. If they find that you don't have a qualifying disability then the VSO returns the document and you can appeal the decision within a specified time frame.
A VA attorney in Kalamazoo can assist you in obtaining the evidence needed to support your claim. In addition to medical evidence our veterans advocate will seek opinions from independent medical examiners and an opinion from your VA treating doctor on the impact of your disability on your life.
Meeting with VSO VSO
A VSO can assist with a variety of programs beyond disability compensation, such as vocational rehabilitation and employment loans for home as well as group life insurance, medical benefits and military burial benefits and more. They will go over all of your service records and medical information to find out the federal programs you're qualified for and will complete the necessary paperwork 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 Lawyer, Servicemembers, and their families. They are authorized to represent the interests of a Veteran or a dependent who has a claim of any federal benefit.
When the VA receives all of your evidence, they will go over it, and then give you a rating of disability based on your severity of symptoms. When you are given a determination by the federal VA, an VSO will be able to discuss your ratings with you and any other state benefits you might be entitled to.
The VSO can also assist you to request an appeal to the VA to resolve a problem if you disagree with a decision taken by the federal VA. The Appeals Modernization Act provides three "lanes" to appeal. These are a supplemental 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/review options are best for your particular situation.
Appeal
The VA appeals process can be complicated and lengthy. Based on which AMA lane is chosen and whether or not your case qualifies to be considered prioritised or not, it could take an extended time to receive an official decision. An experienced disability attorney can help you decide the best route to take and file an appeal on your behalf if required.
There are three ways to appeal the denial of benefits to veterans however each one requires the time in a different way. A lawyer can help you determine the best option for your situation and explain the VA disability claims process so you are aware of what you can expect.
If you'd like to skip the DRO review for you to directly submit your case to BVA the Board, 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 may request a personal hearing before the BVA but it is not mandatory.
A supplemental claim gives you 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 assertions. Lawyers can present these statements and request independent medical examinations as well an opinion of a vocational expert on your behalf. If the BVA decides to deny your claim you may appeal to the Court of Appeals for Veterans Claims.