How to File a Veterans Disability Case

Many veterans have medical problems when they join the military, but do not reveal them or treat them. They think they'll be cured or disappear after a time.

As the years go by as time passes, the issues continue to worsen. They now require assistance from the VA to get compensation. The VA does not believe the VA.

Getting Started

Many veterans are waiting for years before filing a claim for disability. They might believe that they can deal with the issue or think it will disappear on its own without treatment. It is important to file a claim as soon as the symptoms of disability become severe enough. If you plan to file a claim in the future then let the VA know by filing an intent to file form. This will help establish a earlier effective date, which makes it easier to recover your money for time you have already been denied due to your disability.

When you file your initial claim, it is important to include all relevant evidence. This includes civilian medical clinic and hospital records related to the illnesses or injuries you're planning to file a claim for, as well as any military records related to your service.

The VA will examine your claim and request additional evidence from both you and your healthcare providers. Once they have the information they need, they will arrange for you to take an examination to determine your compensation and pension (C&P) to determine your rating.

It is recommended to do this as a part of your separation physical, so that it is recorded as a disability resulting from service, even if the rating is 0 percent. This will make it much easier to request an increased rating in the future in the event that your condition gets worse.

Documentation

To receive the benefits you are entitled to, it's essential to provide your VA disability lawyer with all the relevant documentation. This could include medical documents, service records as well as letters from friends, relatives or coworkers that know the impact of your disability on you.

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

The next step is for VA to assess the evidence and determine your disability rating. This is done by using the schedule created by Congress that determines which disabilities are eligible for compensation and in what percentage.

If VA determines that you are eligible for disability benefits, they will inform you in writing of their decision and forward all the relevant documents to Social Security. If they conclude that you don't have a qualifying disability, the VSO will return the documents to you and they will allow you to appeal the decision within a set time.

A VA attorney in Kalamazoo can assist you in gathering the evidence required for your claim. Our veterans disability attorneys advocate can collect medical documentation and opinions from independent medical examiners and a written statement from the VA treating physician about your condition.

Meeting with a VSO

A VSO can assist with a range of programs, which extend beyond disability compensation. These include vocational rehabilitation, employment, home loans and group life insurance. They can also assist with medical benefits and military burial benefits. They will look over your medical and service records to determine what federal programs are available to you and fill the necessary 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 firms, Servicemembers, and their families. They are authorized to represent a Veteran or a dependent with a claim of any federal benefit.

When the VA has all of your evidence, they'll review it and determine a disability rating based on the severity of your symptoms. A VSO can discuss your rating and any additional state benefits to which you might be eligible, with you when you receive a decision from the federal VA.

The VSO can also help you request an appeal to the VA to resolve an issue when you are not satisfied with a decision taken by the federal VA. Under the Appeals Modernization Act, there are three "lanes" available for an appeal such as a supplemental appeal, an additional level review or an appeal 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 complicated and long. Depending on which AMA choice is made and if your case qualifies to be processed with priority or not, it could take several months to receive the final decision. A veteran disability lawyer can assist you in determining the best way to proceed and can file an appeal on your behalf if required.

There are three options to appeal a denial of benefits to veterans However, each requires different amount of time. A lawyer can help you determine the best option for your case and can explain the VA disability appeals process to help you know what to expect.

If you wish to bypass the DRO review to directly go to BVA the BVA, then submit Form 9 and wait for the regional office to transfer the file to the Board. The BVA will then issue a Statement of the Case (SOC). You can request a personal hearing before the BVA, but it isn't required.

A supplemental claim gives you the opportunity to provide new and relevant evidence to the VA. This includes medical evidence but also non-medical evidence like statements from lay people. A lawyer can make these statements, and also obtain independent medical exams as well as a vocational expert's opinion on your behalf. If the BVA denies your claim, you can appeal to the Court of Appeals for Veterans Claims.