How to File a Veterans Disability Case
Many veterans have medical problems when they enter the military, but they do not divulge them or treat them. They think that the problem will be gone over time or improve.
As time passes and the conditions continue to get worse. Now, they require the VA’s assistance to receive compensation. The problem is that the VA won’t believe them.
Getting Started
Many veterans are waiting for years before making an claim. Many veterans wait years before filing a disability claim. It is important to file a claim when the symptoms of disability are severe enough. Let the VA be aware if you are planning to file a claim on an earlier date by submitting an intent to file. This will help you determine an effective date that is more recent and will make it easier to get your back pay.
It is important that you provide all the relevant documentation when you submit your initial claim. This includes civilian medical clinic and hospital records related to the illness or injuries you are planning to claim as well as any military records pertaining to your service.
The VA will examine your claim and request additional evidence from you and your healthcare providers. Once they have all the evidence they require, they’ll make an appointment with you to take an examination called a Compensation and Pension (C&P) in order to determine your eligibility.
This is best done in conjunction with the separation physical, to ensure that your disability is recognized as service-connected even if the disability is not a percent. This will make it much easier to file for an increased rating in the future when your condition becomes worse.
Documentation
In order to obtain the benefits you are entitled to, it is vital to provide your VA disability lawyer with all relevant documentation. This could include service records, medical documentation and lay evidence like letters from family members, friends members, or colleagues who understand how your disabilities affect you.
Your VSO can assist you in gathering the required documentation. This may include medical records from the VA hospital and private physician’s records as well as diagnostic tests and other evidence to prove that you suffer from a debilitating condition that was caused or made worse by your service in the Armed Forces.
VA will then assess the evidence to determine your disability rating. This is done with an established schedule by Congress that outlines which disabilities are compensable and in what percentage.
If VA finds that you suffer from a qualifying disability, they will inform you of this decision in writing. They will then forward the appropriate documents to Social Security for processing. If they determine that you don’t have a qualifying disability, the VSO returns the document and you can appeal the decision within a predetermined timeframe.
A VA attorney in Kalamazoo can assist you in obtaining the evidence needed for your claim. Our veterans advocate can also get medical documents and opinions from independent medical examiners, as well as a statement from the VA treating physician about your condition.
Meeting with VSO VSO
A VSO can help with a myriad of programs, ranging from disability compensation. They can help with vocational rehabilitation and employment, home loan and group life insurance. They can also help with medical benefits as well as military burial benefits. They will go over all of your documents from your military service, and medical information to find out what federal programs you’re eligible for and then complete the necessary paperwork required to apply.
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, Servicemembers, and their families. They are legally authorized to represent the interests of a Veteran or dependent who has a claim to any federal benefit.
When the VA has all of your evidence, they will evaluate it and give you a disability score in accordance with the severity of your symptoms. If you are granted a decision by the federal VA, you will be contacted by a VSO will be able to discuss with you your rating and any other state benefits you might be entitled to.
The VSO can also assist you to request an appeal to the VA to resolve an issue when you are not satisfied with a decision made by the federal VA. In the Appeals Modernization Act, there are three “lanes” that can be used to appeal: a supplemental claim, an upper-level review, or a notice of disagreement to the Board of veterans disability lawyers Appeals. A VSO will assist you in determining the best appeal or review option for your particular situation.
Appeal
The VA appeals procedure can be complex and lengthy. It could take up to a year or longer to receive an answer, based on the AMA lane you choose and whether your case qualifies for priority processing. A veteran disability attorney can assist you in determining the best path to take and may make an appeal on your behalf if necessary.
There are three options to appeal a veterans disability lawsuit Benefits denial, but each takes different amounts of time. A lawyer can assist you in deciding which one is right for your situation and explain the VA disability appeals procedure so that you know what to expect.
If you wish to skip the DRO review and go directly to the BVA, you must submit an appeal form 9 formal appeal and wait for the regional office in your area to transfer your appeal to the Board. The BVA will then issue a Statement of the Case (SOC). You can request an individual hearing before the BVA but it’s not mandatory.
A supplemental claim is an opportunity to present new and relevant evidence to the VA. This includes medical evidence, but also non-medical evidence such as statements made by laypeople. An attorney can submit these statements on your behalf and also get independent medical examinations and a vocational expert’s opinion. If the BVA refuses to accept your supplemental claim you may appeal to the Court of Appeals for Veterans Claims.