How to File a Veterans Disability Case

Many veterans join military service with medical problems that they don't report or treat. They think that the problems will go away after a time or improve.

As time passes the problems continue to get worse. Now they need the VA's assistance to obtain compensation. The VA isn't convinced by the VA.

Getting Started

Many veterans wait for years before submitting a disability claim. Many veterans wait years before filing a disability claim. It is crucial to file a claim when the symptoms of disability are severe enough. If you are planning to make a claim in the future then let the VA be aware by submitting an intent to submit form. This will establish an earlier effective date, which will make it easier to recover payment for time that you have already been denied due to your disability.

When you file the initial claim, it is crucial to provide all evidence relevant. This includes civilian medical clinic and hospital records pertaining to the injuries or illnesses you plan to file a claim for, as well as any military documents related to your service.

The VA will examine your claim and obtain additional evidence from both you and your healthcare providers. Once they have the data they need, they will schedule you for an exam for compensation and pension (C&P) to help them decide your rating.

It is recommended to do this prior to your separation physical so that it is recognized as a service-connected disability even if the rating is 0 percent. This will make it much easier to apply for an increased rating in the future should your condition get worse.

Documentation

It is important that you 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 documents, service records and letters from family members, friends or colleagues who understand how your disability affects you.

Your VSO can assist you in gathering the required documentation. This may 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 have a chronic condition and that it was caused or made worse by your service in the Armed Forces.

The next step is for VA to examine the evidence and determine your disability rating. This is done by using the schedule created by Congress that designates which disabilities are eligible to be compensated and at what percentage.

If VA decides that you are eligible for disability benefits, they will notify you in writing of their decision and send all the relevant documents to Social Security. If they determine that you don't have a qualifying impairment, the VSO returns the form and you are able to appeal the decision within a specified period of time.

A VA lawyer in Kalamazoo can help you gather the evidence needed to support your claim. In addition, to medical documentation our veterans disability lawyer, http://diezel.kr/bbs/board.php?Bo_table=contact&wr_id=49112, advocate will seek opinions from independent medical examiners and a statement from your VA treating physician on the impact of your disability on your life.

Meeting with a VSO

A VSO can assist with a myriad of programs beyond disability compensation, such as vocational rehabilitation and employment such as home loans as well as group life insurance, medical benefits, military burial benefits, and many more. They will go through your medical records and service records to determine the federal programs available to you. They will also 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 lawyers, Servicemembers, and their families. They are authorized to represent a Veteran or a dependent who has claims for any federal benefit.

When the VA has all your evidence, they will evaluate it and determine a disability rating according to the severity of your symptoms. Once you receive a decision by the federal VA, an VSO can discuss with you the ratings and any additional benefits from the state that you may be entitled to.

The VSO can also assist you to request an appointment with the VA to resolve a problem when you are not satisfied with a ruling made by the federal VA. Under the Appeals Modernization Act, there are three "lanes" available for an appeal such as a supplemental appeal, a higher level review or a notice of disagreement to the Board of Veterans Appeals. A VSO will assist you in determining which appeal or review option is the most appropriate for your particular situation.

Appeal

The VA appeals process is complex and time-consuming. Based on which AMA choice is made and whether or not your case is eligible to be processed with priority, it can take several months to receive an answer. An experienced disability attorney can help you decide the best way to proceed and make an appeal on your behalf in the event of a need.

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

If you want to forgo the DRO review and go directly to the BVA you must submit a Form 9 formal appeal and wait for your regional office to transfer your case to the Board. The BVA will issue a Statement Of Case (SOC). You can request a private hearing before the BVA but it is not mandatory.

A supplemental claim gives you the chance to present new and relevant evidence for the VA. This can include medical evidence as well as non-medical evidence like lay statements. Lawyers can submit these statements and get independent medical examinations as well as a vocational expert's opinion on your behalf. If the BVA declines your supplemental claim you may file an appeal to the Court of Appeals for Veterans Claims.