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How to File a Veterans Disability Case

Many veterans suffer from medical issues when they join the military, but don't disclose them or treat them. They believe that the issues will be gone after a while or get better.

However, as time goes by, those problems get worse. Now, they require the VA's assistance to get compensation. The problem is that the VA won't believe them.

Getting Started

Many veterans are waiting for years before submitting a disability claim. They might think that they are able to handle the problem or that it will go away on its own without treatment. This is why it is important to start an application as soon as the symptoms of disability become severe enough. If you intend to file a claim in the future you should inform the VA know by submitting an intent to file form. This will help establish a earlier effective date, which will make it easier to receive your money for time you've already missed 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 ailments or injuries you plan to claim, 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 information they need, they will schedule you for a compensation and pension exam (C&P) to help them decide your rating.

This is best done in conjunction with the separation physical to ensure that your condition is recognized as service-connected even if it's not percent. It will be much easier to request an increase in your rating if your condition gets worse.

Documentation

To be able to claim the benefits you are entitled to, it is crucial to provide your VA disability lawyer with all relevant documents. This could include medical records, service records and lay evidence such as letters from friends, family members or colleagues who know how your disabilities affect you.

Your VSO can help you gather the necessary documentation. This may include medical records from the VA hospital or private physician's report diagnostic tests, and other evidence to show that you suffer from a chronic condition and that it was caused by or worsened through your service in the Armed Forces.

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

If VA decides that you are eligible for disability benefits, they will inform you in writing of their decision and send all the necessary documents to Social Security. If they conclude that you don't have a qualifying impairment then the VSO returns the document and you can appeal the decision within a certain time frame.

A VA lawyer can assist you to gather evidence for your claim. In addition to medical evidence our veterans advocate will obtain opinions from independent medical examiners as well as a statement from your VA treating physician regarding the impact of your disabilities on your daily life.

Meeting with a VSO

A VSO can assist with a wide range of programs that go beyond disability compensation, such as vocational rehabilitation and employment home loans as well as group life insurance, medical benefits as well as military burial benefits and more. They will review your medical records and service records to determine which federal programs are available to you and then 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 lawyer, Servicemembers, and their families. They are authorized by law to represent an Veteran or a dependent or survivor with a claim for any federal benefit.

Once the VA receives all of your evidence, they will examine the evidence, and then assign the rating of disability depending on the severity of your symptoms. When you are given a determination by the federal VA, a VSO will be able to discuss with you the ratings and any additional state benefits you may be entitled to.

The VSO can also assist you to request a hearing with the VA to resolve a problem when you are not satisfied with a decision of the federal VA. The Appeals Modernization Act provides three "lanes" for an appeal. They are a supplementary claim or a review at a higher level or a notice of disagreement to the Board of Veterans Appeals. A VSO can assist you in deciding the best appeal/review option for your particular situation.

Appeals

The VA appeals process is lengthy and complicated. Depending on which AMA lane is chosen and if your case is eligible to be processed with priority and it could take several months to receive an answer. A veteran disability lawyer can assist you in determining the best path to follow and can also file an official appeal on your behalf, if needed.

There are three different ways to appeal a denial of veterans benefits however each one takes different amount of time. A lawyer can assist you in deciding the best option for your situation and explain the VA disability appeals process so that you are aware of what to expect.

If you want to forgo the DRO review and instead go directly to the BVA you must file a Form 9 formal appeal and wait for your regional office to forward your appeal to the Board. The BVA will then issue an Statement of Case (SOC). You may request a personal hearing before the BVA however it's not required.

A supplemental claim gives you the opportunity to present fresh and relevant evidence to the VA. This includes medical proof, but also non-medical evidence such as statements made by laypeople. Lawyers can present these statements, and also obtain independent medical examinations aswell as a vocational expert's opinion on your behalf. If the BVA refuses your claim for supplemental benefits, you can submit an appeal to the Court of Appeals for Veterans Claims.