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How to File a Veterans Disability Case

Many veterans join military service with medical problems that they do not report or treat. They figure they will go away or get better after a time.

But years pass and those problems get worse. 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 are waiting for years before filing a claim for disability. They may feel that they are able to handle the problem or that it will disappear by itself without treatment. It is crucial to file a claim when the symptoms of disability get severe enough. Let the VA know if you intend to file your claim at an earlier date by submitting an intent to file. This will enable you to establish a more recent effective date and make it easier for you to claim your back pay.

It is important that you include all relevant evidence when you submit your initial claim. This includes civilian medical clinic and hospital records regarding the ailments or injuries you intend to claim, as well as any military records that pertain to your service.

The VA will examine your claim and obtain additional evidence from both you and your healthcare providers. Once they have the information they require, they will arrange for you to take an exam for compensation and pension (C&P) to determine your eligibility.

It is recommended to complete this in parallel with your separation physical so that it is documented as a service-connected disability, even if the rating is 0%. This will make it much easier to apply for an increase in your rating if your condition worsens.

Documentation

It is essential to supply all the necessary documentation to your VA disability lawyer to be able to claim the benefits to which you are entitled. This could include medical documents, service records, and letters from family members, friends or colleagues who understand how your disability affects you.

Your VSO can help you gather the required documentation. This can include medical records from the VA Hospital as well as a private physician's note or diagnostic tests, and other evidence that shows that you have a debilitating illness and that your time in the Armed Forces caused or worsened it.

The next step is for VA to evaluate the evidence and determine your disability rating. This is done using a schedule created by Congress which specifies the types of disabilities that are eligible for compensation and at what percentage.

If VA finds that you qualify for disability benefits, they will inform you in writing of their decision. They will also send all relevant documents to Social Security. If they conclude that you don't have a qualifying disability, the VSO will return the document to you and you can appeal this decision within a specific time.

A VA lawyer in Kalamazoo will assist you with gathering the evidence needed for your claim. In addition, to medical documentation, our veterans disability lawsuit advocate can get opinions from independent medical examiners and a letter from your VA treating doctor regarding the impact of your disability on your daily life.

Meeting with VSO VSO

A VSO can help with a wide range of programs beyond disability compensation, including vocational rehabilitation and employment such as home loans, group life insurance medical benefits as well as military burial benefits and more. They will look over all of your records from service, and medical information to find out which federal programs you are eligible for and then 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, Servicemembers, and their families. They are authorized to represent any Veteran or dependent who is an application for Veterans Disability any federal benefit.

Once the VA has all the evidence, they will evaluate it and determine a disability rating according to the severity of your symptoms. When you are given a determination by the federal VA, you will be contacted by a VSO will be able to discuss with you the ratings and any additional state benefits you might be entitled to.

The VSO can also assist you to request a hearing with the VA to resolve a problem in the event that you do not agree with a decision of the federal VA. The Appeals Modernization Act provides three "lanes" for an appeal. These include a supplementary claim, or a more thorough review or a written notice of disagreement to the Board of Veterans Appeals. A VSO will help you determine which appeal/review option is best for your particular situation.

Appeal

The VA appeals process can be complex and time-consuming. Depending on which AMA lane is chosen and if your case qualifies to be handled in a priority manner or not, it could take some time to get a final decision. A veteran disability lawyer can help you determine the best route to take and may file a formal appeal on your behalf, if needed.

There are three options to appeal the denial of veterans' benefits However, each takes a different amount of time. A lawyer can assist you in deciding which one is right for your situation and explain the VA disability appeals process to help you know what to expect.

If you want to skip the DRO review for you to directly submit your case to BVA then you must complete Form 9 and veterans disability wait for the regional office to forward the file to the Board. The BVA will then issue a Statement of the Case (SOC). You can request an individual hearing before the BVA but it's not required.

A supplemental claim gives you the opportunity to provide new and relevant evidence to the VA. This includes medical proof, but also non-medical evidence such lay statements. An attorney is able to submit these statements on your behalf and can also obtain independent medical examinations and a vocational expert opinion. If the BVA rejects your supplemental claim you can appeal to the Court of Appeals for Veterans Claims.