How to File a Veterans Disability Case

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

As the years go by, these problems continue to get worse. Now they need VA assistance to obtain compensation. The problem is that the VA will not believe them.

Getting Started

Many veterans have to wait for years before filing a claim for disability. They may believe they are able to manage the issue or believe that it will go away by itself if they don't seek treatment. It is crucial to file a claim when the symptoms of disability become severe enough. If you plan to make a claim in the future then let the VA know by submitting an intent to submit form. This will establish an earlier effective date, which will make it easier to recover your money for time you have already lost due to your disability.

When you file your initial claim, it is crucial to provide all evidence relevant. This includes medical clinics for civilians and hospital records pertaining to the injuries or illnesses you are planning to claim, as well as any military records pertaining to your service.

The VA will examine your claim and obtain additional evidence from you and your healthcare providers. Once they have the data they require, they will schedule you for an exam for compensation and pension (C&P) to determine your eligibility.

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 easier to ask for an increase in rating should your condition worsens.

Documentation

It is vital that you submit all the documentation required to your VA disability lawyer in order to receive the benefits to which you are entitled. This could include medical records, service records and letters from family members, friends or coworkers that know how your disability affects you.

Your VSO can help you gather the necessary documentation. This can include medical records from the VA Hospital or a private doctor's report or diagnostic tests, and other evidence to prove that you have a disabling illness and that your service in the Armed Forces caused or worsened it.

The next step is for VA to review the evidence and determine your disability rating. This is done with the schedule created by Congress that specifies which disabilities are eligible to be compensated and in what percentage.

If VA finds that you suffer from a qualifying disability, they will inform you of their decision in writing and send the appropriate documents to Social Security for processing. If they find that you don't have a qualifying disability then the VSO will return the document to you, and it is possible to appeal the decision within a specific time.

A VA attorney in Kalamazoo can help you gather the evidence required for your claim. Our veterans disability attorneys advocate can also obtain medical records and opinions from independent medical examiners, and a written statement from the VA treating doctor about your condition.

Meeting with VSO VSO

A VSO can help with a wide range of programs that go beyond disability compensation. They offer vocational rehabilitation, employment, home loans and group life insurance. They can also assist 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 the federal programs you're eligible for and then fill out the required paperwork 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 disability law firm, Servicemembers, and their families. They are legally able to represent any Veteran or a dependent or survivor who has a claim to any federal benefit.

Once the VA has received all of your evidence, they'll review it, and veterans disability then assign the rating of disability based on your severity of symptoms. When you are given a determination by the federal VA, a VSO will discuss with you your rating and any other state benefits you may be entitled to.

The VSO can help you request an appeal to the VA when you disagree with a decision of the federal VA. In the Appeals Modernization Act, there are three "lanes" that can be used to appeal: a supplemental claim, a higher level review or a Notice of Disagreement with the Board of Veterans Appeals. A VSO will assist you in determining which appeal or review option is appropriate for your particular situation.

Appeals

The VA appeals process can be complex and time-consuming. It could take a full year or Veterans Disability longer to receive the outcome, depending on the AMA route you choose and if your case qualifies for priority processing. An experienced disability attorney can help you decide the best way to proceed and make an appeal on your behalf if required.

There are three avenues to appeal the denial of benefits to veterans However, each takes a different amount of time. A lawyer can help you decide which option is best for you. They can also explain the VA disability appeals process so that you know what you can expect.

If you decide to forgo the DRO review and go directly to the BVA you must submit a Form 9 formal appeal and wait for the regional office of your region to transfer your case to the Board. The BVA will then issue a Statement of the Case (SOC). You may request an individual hearing before the BVA but it's not mandatory.

A supplemental claim provides an opportunity to provide new and relevant evidence to the VA. This could include medical evidence, but also non-medical proof such as lay statements. Lawyers can present these statements and request independent medical exams as well as a vocational expert's opinion on your behalf. If the BVA refuses to accept your supplemental claim you may appeal to the Court of Appeals for Veterans Claims.