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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 they'll go away or get better after a time.

As time passes the problems get worse. Now they require help from the VA to get compensation. The VA does not believe the VA.

Getting Started

Many veterans have to wait for years before filing a claim for disability. They may believe they are able to manage the issue or believe that it will disappear on its own without treatment. It is essential to file a claim when the symptoms of disability get severe enough. Let the VA know that you intend to make a claim at a later date by submitting an intent to file. This will set a more effective date, which makes it easier to claim back pay for the time you've missed out on because of your disability.

It is important that you provide all the relevant documentation when you file your initial claim. Include all medical records from civilian hospitals and clinics related to the ailments or injuries you're planning to file a claim for, and military records.

Once the VA receives your claim, they will review it and gather additional evidence from you and your health care providers. Once they have all the information they require, they'll arrange an appointment for you to take a Compensation and Pension Exam (C&P) in order to determine your eligibility.

It is best to do this prior to your separation physical so that it is recorded as a disability resulting from service, even when the rating is only 0 percent. This will make it much easier to file for an increase in rating later on should your condition get worse.

Documentation

In order to obtain the benefits you are entitled to, it's essential to give your VA disability lawyer with all of the relevant documentation. This could include your medical records, service records and even lay evidence, such as letters from family members, friends members, or coworkers who understand how your disabilities affect you.

Your VSO can help you gather the required documentation. This could include medical records from the VA hospital as well as private physician's reports, diagnostic tests and other evidence to show that you suffer from a debilitating condition that was caused or worsened by your service in the Armed Forces.

VA will then examine the evidence to determine your disability rating. This is done by using the schedule that was created by Congress which defines which disabilities are compensable and in what percentage.

If VA finds that you suffer from a qualifying disability, they will notify you of this decision in writing. They will then forward the appropriate documents to Social Security for processing. If they conclude that you don't have a qualifying disability and the VSO returns the document to you and you may appeal the decision within a predetermined timeframe.

A VA attorney can help you gather evidence for your claim. Our veterans advocate can get medical documents and opinions from independent medical examiners, as well as a statement from the VA treating physician about your disability.

Meeting with VSO VSO

A VSO can assist with a myriad of programs beyond disability compensation, such as vocational rehabilitation and employment, home loans and group life insurance, medical benefits, military burial benefits, and more. They will look over your medical records and service records to determine what federal programs are accessible to you, and fill in the required paperwork.

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 law firm, Servicemembers, and their families. They are authorized by law to represent any Veteran or a dependent or survivor who has a claim to any federal benefit.

When the VA has all your evidence, they will review it and determine a disability rating according to the severity of your symptoms. A VSO will discuss your rating and any additional state benefits to which you might be eligible, after you have received a decision from the federal VA.

The VSO can also assist you to request an hearing with the VA to resolve an issue in the event that you do not agree with a decision taken by the federal VA. The Appeals Modernization Act provides three "lanes" for appeals. These are a supplemental claim or a higher-level review or a notice 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 is complex and time-consuming. It could take up to a one year or more to get a decision, based on the AMA option you select and Veterans disability Lawyer if your case qualifies for priority processing. A veteran disability lawyer can help you determine the best course of action and can also file an official appeal on your behalf, if necessary.

There are three ways to appeal the denial of veterans' benefits Each one of them requires an varying amount of time. A lawyer can assist you in deciding which option is best for your case and can explain the VA disability appeals procedure so that you are aware of what to expect.

If you'd like to skip the DRO review in order to submit your case directly to BVA then you must submit 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 an individual hearing before the BVA but it's not mandatory.

A supplemental claim provides an opportunity to present new and relevant evidence to the VA. This includes medical proof, but also non-medical evidence such as lay statements. An attorney can present these statements on behalf of you and can also obtain independent medical examinations and a vocational expert's opinion. If the BVA decides to deny your claim you may appeal to the Court of Appeals for Veterans disability Lawyer Claims.