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How to File a Veterans Disability Case

Many veterans enter military service with medical problems that they do not report or treat. They think that the problems will go away after a while or get better.

But years pass and those problems get worse. Now, they need help from the VA to receive compensation. The problem is that the VA will not believe them.

Getting Started

Many veterans disability attorney wait for a long time before making a claim. They might think that they can manage the issue or believe that it will disappear on its own without treatment. This is why it is crucial to file the process as soon as the symptoms of disability get serious enough. If you intend to make a claim in the future then inform the VA know by filing an intent to submit form. This will set a more effective date, making it easier to recover pay for the time you've already lost due to your disability.

It is crucial to provide all the relevant documentation when you submit your initial claim. This includes medical clinics for civilians and hospital records regarding the illness or injuries you intend to file a claim for, 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 a compensation and pension exam (C&P) to help them decide your rating.

This should be done in parallel with the separation physical, to ensure that your condition is recognized as service-connected even if it is 0 percent. It is easier to ask for an increase in rating if your condition gets worse.

Documentation

To be able to claim the benefits you are entitled to, it's essential to give your VA disability lawyer with all of the relevant documents. This could include medical records, service records and lay evidence such as letters from relatives, friends members, or colleagues who understand the impact of your disabilities on you.

Your VSO can assist you with gathering the necessary documentation. This could include medical records from the VA hospital as well as private physician's reports or diagnostic tests as well as other evidence to show that you suffer from a disabling condition that was caused or worsened by your time in the Armed Forces.

VA will then evaluate the evidence to determine your disability rating. This is done by using a schedule drafted by Congress that defines the disabilities that are eligible for compensation and in what percentage.

If VA determines that you qualify for disability benefits, they will notify you in writing of their decision and forward all relevant documents to Social Security. If they find that you do not have a qualifying disability and the VSO will return the document to you, and they will allow you to appeal the decision within a specific time.

A VA lawyer in Kalamazoo can help you gather the evidence needed to support your claim. In addition to medical documentation our veterans advocate will get opinions from independent medical examiners as well as a letter from your VA treating physician on the impact of your disability on your life.

Meeting with VSO VSO

A VSO can assist with a range of programs that go beyond disability compensation, such as vocational rehabilitation and employment home loans and group life insurance, medical benefits as well as military burial benefits and more. They will look over all of your documents from your military service, and medical records to find out which federal programs you are eligible for and then fill out the required paperwork for you 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 by law to represent any Veteran or dependent who has a claim to any federal benefit.

Once the VA has all of your evidence, they'll review it and give you a disability score based on the severity of your symptoms. If you are granted a decision by the federal VA, a VSO will discuss with you your rating and any additional state benefits that you may be entitled to.

The VSO can assist you in requesting an appointment with the VA if you disagreed with a decision by the federal VA. In the Appeals Modernization Act, there are three "lanes" available for an appeal: a supplemental claim, higher-level review or an appeal to the Board of Veterans Appeals. A VSO can assist you in deciding the best appeal/review option for your situation.

Appeal

The VA appeals process is complicated and long. It could take a year or longer to receive a decision, depending on the AMA option you select and whether your case is eligible for priority processing. A veteran disability lawyer can help you determine the best route to take and may file a formal appeal on your behalf, if required.

There are three options to appeal the denial of benefits to veterans, but each one takes a different amount of time. A lawyer can help you determine which one is appropriate for your situation and explain the VA disability appeals process so that you are aware of what to expect.

If you want to skip the DRO review to go directly to BVA the BVA, then complete Form 9 and wait for the regional office to transfer the file to the Board. The BVA will issue a Statement Of Case (SOC). You can request an individual hearing before the BVA but it's not mandatory.

A supplemental claim provides an chance to present new and relevant evidence to the VA. This includes medical evidence, but also non-medical evidence, such as declarations from laypeople. A lawyer can submit these statements and obtain independent medical examinations as well as a vocational expert's opinion on your behalf. If the BVA denies your supplemental claim, you can submit an appeal to the Court of Appeals for Veterans Claims.