How to File a Veterans Disability Case

Many veterans go into military service suffering from medical conditions that they don't report or treat. They believe that they will go away or get better after a while.

As time passes as time passes, the issues get worse. Now, they require the VA's assistance to get compensation. The VA doesn't believe the VA.

Getting Started

Many veterans wait for a long time before making a claim. They may believe that they are able to handle the issue or think it will disappear by itself if they don't seek treatment. It is essential to file a claim when the symptoms of disability get severe enough. If you are planning to pursue a claim in future, let the VA know by submitting an intent to file form. This will allow for a later effective date, making it easier to get back money for the time you have already lost due to your disability.

When you file the initial claim, it's important to provide all evidence relevant. This includes medical clinics for civilians and hospital records related to the injuries or illnesses you are planning to claim, as well as any military records that pertain to your service.

Once the VA receives your claim, they will review it and gather additional evidence from you and your health medical professionals. Once they have all the data they require, they will set up an appointment to take a Compensation and Pension Exam (C&P) to determine your rating.

It is recommended to complete this prior to your separation physical to ensure it is recognized as a service-connected disability even in the event that the rating is 0 percent. It will be much easier to request an increase in rating in the event that your condition gets worse.

Documentation

In order to obtain the benefits you are entitled to, it is essential to provide your VA disability lawyer with all relevant documents. This could include medical records, service records and other evidence of a lay nature, such as letters from friends, family members, or colleagues who understand how your disabilities affect 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 as well as diagnostic tests and other evidence that proves you have a debilitating illness and that your participation in Armed Forces caused or worsened it.

VA will then assess the evidence to determine your disability rating. This is done using the schedule that was created by Congress which defines the types of disabilities that are eligible for compensation and at what percentage.

If VA determines that you have a qualifying disability, they will inform you of the decision in writing, and then send the relevant documents to Social Security for processing. If they conclude that you don't have a qualifying disability, the VSO returns the form and you are able to appeal the decision within a specified time period.

A VA lawyer can assist you to find evidence to support your claim. In addition to medical records, our veterans advocate can seek opinions from independent medical examiners, as well as a letter from your VA treating doctor regarding the impact of your disability on your life.

Meeting with a VSO

A VSO can help with a wide range of programs that go beyond disability compensation, such as vocational rehabilitation and employment home loans, lawyers group life insurance medical benefits and military burial benefits and many more. They will review all of your service records, and medical information, to find out which federal programs you are eligible for and then fill out the necessary paperwork to apply.

Many accredited representatives work for VA-accredited/federally chartered smithfield 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 their dependents or survivors who has a claim to any federal benefit.

Once the VA has all the evidence, they will evaluate it and assign a disability rating depending on the severity of your symptoms. Once you receive a decision by the federal VA, you will be contacted by a VSO will discuss your ratings with you and any additional benefits from the state that you might be entitled to.

The VSO can also help you request a hearing with the VA to resolve an issue in the event that you do not agree with a decision taken by the federal VA. Under 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 will assist you in determining the best appeal or review option for your situation.

Appeal

The VA appeals process can be complicated and long. It can take a year or longer to receive an answer, based on the AMA choice you make and whether your case is eligible for priority processing. A veteran disability lawyer can help you determine the best way to proceed and can also file an official appeal on your behalf when needed.

There are three ways to appeal a denial of benefits to veterans However, each requires different amounts of time. A lawyer can assist you in deciding which one is right for your case and can explain the VA disability appeals process so that you know what you can expect.

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

A supplemental claim is an opportunity to provide new and relevant evidence to the VA. This could include medical evidence as well as non-medical evidence such as lay assertions. Lawyers can present these statements and obtain independent medical examinations as well as a vocational expert's recommendation on your behalf. If the BVA rejects your supplemental claim, you can submit an appeal to the Court of Appeals for Veterans Claims.