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How to File a Veterans Disability Case

Many veterans enter military service with health issues that they don't seek out or treat. They think that the problems will go away after a while or get better.

But as time passes, the problems get worse. Now they require help from the VA to get compensation. The problem is that the VA won't accept their claims.

Getting Started

Many veterans are waiting for years before filing an claim. They might believe that they are able to handle the issue or think it will go away by itself without treatment. It is crucial to file the process as soon as the symptoms of disability become serious enough. Let the VA know that you intend to file a claim at later time by submitting an intention to file. This will set a more effective date, which will make it easier to receive pay for the time you've already missed out on because of your disability.

It is essential to include all relevant proof when you submit your initial claim. This includes any medical clinics in the civilian sector and hospital records regarding the illnesses or injuries you intend to claim, as well any military documents related to your service.

Once the VA accepts your claim they will review it and gather additional evidence from you and your health healthcare providers. Once they have the data they require, they will arrange for you to take an examination to determine your compensation and pension (C&P) to determine your eligibility.

This should be done in parallel with the separation physical to ensure that your condition is categorized as service-connected even if it's 0%. This will make it much easier to request an increase in rating later on in the event that your condition gets worse.

Documentation

It is crucial to supply all the necessary documentation to your VA disability lawyer in order to get the benefits to which you are entitled. This could include medical records, service records and other evidence of a lay nature, such as letters from family members, friends members or colleagues who know how your disabilities affect you.

Your VSO can help you gather the necessary documentation. This could include medical records from the VA Hospital, private physician's report as well as diagnostic tests and other evidence that proves you have a disabling illness and that your participation in Armed Forces caused or worsened it.

VA will then assess the evidence to determine your disability rating. This is done by using an established schedule by Congress that defines the types of disabilities that are eligible for compensation and at what percentage.

If VA decides that you are eligible for disability benefits, they will inform you in writing of their decision. They will also send all the relevant documents to Social Security. If they conclude that you don't have a qualifying impairment, the VSO returns the documents and you have the option to appeal the decision within a certain period of time.

A VA attorney can help you find evidence to support your claim. Our veterans advocate can obtain medical documentation and opinions from independent medical examiners, as well as a statement from the VA treating doctor regarding your condition.

Meeting with VSO VSO

A VSO can help with a range of programs beyond disability compensation, such as vocational rehabilitation and employment home loans, group life insurance, medical benefits, military burial benefits, and many more. They will look over all of your service records, and medical information, to find out the federal programs you're eligible for and then complete the necessary paperwork to apply.

Many accredited representatives work for VA-accredited/federally chartered Veterans disability lawyer 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 dependent with an application for any federal benefit.

After the VA has all the evidence, they'll review it and determine a disability classification depending on the severity of your symptoms. After you have been given a decision by the federal VA, an VSO will be able to discuss your ratings with you and veterans disability lawyer any additional benefits from the state that you may be entitled to.

The VSO can help you request an interview with the VA in the event that you are dissatisfied with a decision made by the federal VA. The Appeals Modernization Act provides three "lanes" to appeal. They include a supplementary claim or a review at a higher level or a notification of disagreement to the Board of Veterans Appeals. A VSO can assist you in deciding which appeal or review option is best for your particular situation.

Appeals

The VA appeals process can be complex and time-consuming. It could take a full one year or more to get the outcome, depending on the AMA lane you choose and if your case is eligible for priority processing. An experienced disability attorney can help you decide the best way to proceed and make an appeal on your behalf if necessary.

There are three options to appeal a Veterans Benefits denial however each one takes different amounts of time. A lawyer can assist you in deciding which one is appropriate for you and Veterans Disability Lawyer will explain the VA disability appeals process to help you understand what to expect.

If you decide to forgo the DRO review and instead go directly to the BVA You must submit a Form 9 formal appeal and wait for your regional office to forward your case 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 provides you with the chance to present new and relevant evidence to the VA. This can include medical evidence as well as non-medical evidence such as lay statements. An attorney is able to submit these statements on your behalf and also obtain independent medical exams and a vocational expert opinion. If the BVA refuses your claim for supplemental benefits you may file an appeal to the Court of Appeals for Veterans Claims.