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How to File a Veterans Disability Case

Many veterans go into military service with medical issues that they don't report or treat. They believe that the issue will go away over time or improve.

As time passes as time passes, the issues continue to worsen. Now they need help from the VA to receive compensation. The problem is that the VA will not believe them.

Getting Started

Many veterans have to wait for years before filing a claim for disability. Many veterans wait for years before making a claim for disability. Therefore, it is important to start the process as soon as the symptoms of disability become severe enough. Let the VA know if you intend to file your claim at later dates by submitting an intention to file. This will help establish a earlier effective date, which makes it easier to get back your money for time you have already missed due to your disability.

When you file the initial claim, it is crucial to provide all evidence relevant. It is essential to include all medical records from clinics and hospitals pertaining to the injuries or illnesses you plan to claim and military records.

When the VA has received your claim, they will review it and seek additional evidence from you and your health care providers. Once they have the information they need, they will schedule you for an examination to determine your compensation and pension (C&P) to help them decide your rating.

This should be done in parallel with the separation physical so that your disability is recognized as service-connected even if it is 0 percent. It is much easier to request an increase in rating if your condition becomes worse.

Documentation

It is essential to provide all the required documentation to your VA disability lawyer to be able to claim the benefits to which you are entitled. This can include medical records, service records and lay evidence like letters from relatives, friends members, or colleagues who understand the impact of your disabilities on you.

Your VSO can assist you in gathering the required documentation. This could include medical records from the VA Hospital as well as a private physician's note and Veterans Disability diagnostic tests, as well as other evidence that shows that you suffer from a chronic illness and that your time in the Armed Forces caused or worsened it.

VA will then examine the evidence to determine your disability rating. This is accomplished using an approved schedule by Congress that defines the disabilities that are eligible for compensation and at what percentage.

If VA finds that you suffer from a qualifying disability, they will notify you of their decision in writing and send the appropriate documents to Social Security for processing. If they conclude that you don't have a qualifying disability and the VSO returns the documents and you have the option to appeal the decision within a specific time period.

A VA lawyer in Kalamazoo can help you gather the evidence you need to support your claim. In addition, to medical documentation Our veterans disability attorneys advocate can obtain opinions from independent medical examiners, as well as a statement from your VA treating physician regarding the impact of your disability on your life.

Meeting with VSO VSO

A VSO can assist with a myriad of programs that go beyond disability compensation, including vocational rehabilitation and employment loans for home, group life insurance medical benefits, military burial benefits, and many more. They will go over all of your documents from your military service, and medical records to find out which federal programs you're eligible for and then fill out the necessary paperwork to apply.

Many accredited representatives work for VA-accredited/federally chartered veterans disability law firms service organizations (VSOs), which are private non-profit groups that advocate on behalf of Veterans, Servicemembers, and their families. They are authorized by law to represent any Veteran, dependent or survivor with a claim for any federal benefit.

When the VA has all the evidence, they will go through it and determine a disability rating based on the severity of your symptoms. A VSO can discuss your ratings as well as any other state benefits, for which you could be eligible, with you when you receive a decision from the federal VA.

The VSO can also assist you to request an appeal to the VA to resolve a problem in case you disagree with a decision taken by the federal VA. The Appeals Modernization Act provides three "lanes" for appeals. They are a supplementary claim or a review at a higher level or a notification of disagreement to the Board of Veterans Appeals. A VSO will assist you in determining which appeal/review option is best for your particular situation.

Appeal

The VA appeals process can be complex and lengthy. Depending on the AMA option is selected and whether or not your case is eligible to be processed with priority this could mean it takes some time to get an official decision. A veteran disability lawyer can assist you in determining the best course of action and file a formal appeal on your behalf when needed.

There are three avenues to appeal the denial of veterans' benefits however each one requires an varying amount of time. A lawyer can help you determine which one is the most appropriate for your particular situation, and also explain the VA disability claims process so that you know what to expect.

If you want to skip the DRO review in order to directly go to BVA the Board, you must fill out Form 9 and wait for the regional office to forward 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 gives you the chance to present new and relevant evidence for the VA. This could include medical evidence and non-medical evidence such as lay statements. Lawyers can present these statements and get independent medical examinations as well as a vocational expert's recommendation on your behalf. If the BVA refuses your claim for supplemental benefits, you can submit an appeal to the Court of Appeals for Veterans Claims.