How to File a Veterans Disability Case

Many veterans have medical issues after they join the military, but don't divulge them or treat them. They think they'll be cured or disappear after a time.

But years pass and those problems get worse. Now they require help from the VA to receive compensation. The VA isn't convinced by the VA.

Getting Started

Many veterans wait years before filing a claim for veterans disability law firms disability. They might believe they are able to manage the issue or that it will disappear by itself, without treatment. It is crucial to file a claim when the symptoms of disability become serious enough. Let the VA be aware if you are planning to file your claim at a later date by submitting an intention to file. This will help establish a earlier effective date, making it easier to receive money for the time you've been denied due to your disability.

It is crucial to provide all the relevant documentation when you submit your initial claim. Include all medical records from civilian hospitals and clinics that pertain to the ailments or injuries you're planning to file a claim for, and military documents.

Once the VA accepts your claim they will review it and seek additional evidence from you and your health healthcare providers. Once they have all the data they require, they'll arrange an appointment for you to take the Compensation and Pension Exam (C&P) in order to determine 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 0 percent. It is much easier to ask for an increase in rating in the event that your condition worsens.

Documentation

It is vital that you provide all the necessary documentation to your VA disability lawyer to ensure that you receive the benefits to which you are entitled. This can include medical documents, service records, and letters from family members, friends or colleagues who understand the impact of your disability on you.

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

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

If VA determines that you have a qualifying disability, they will notify you of their decision in writing and then send the relevant documents to Social Security for processing. If they determine that you do not have a qualifying impairment then the VSO returns the form and you are able to appeal the decision within a specified timeframe.

A VA attorney can help you find evidence to support your claim. Our veterans advocate can get medical documents and opinions from independent medical examiners as well as a statement from the VA treating doctor about your disability.

Meeting with a VSO

A VSO can assist with a wide range of programs that go beyond disability compensation, including vocational rehabilitation and employment home loans, group life insurance, medical benefits including military burial benefits and many more. They will review all of your records from service, and medical information, to find out which federal programs you're eligible for and then complete the required paperwork for you to apply.

Many accredited representatives work for VA-accredited/federally chartered Veterans Disability Law Firms service organizations (VSOs), which are private non-profit groups that advocate on behalf of Veterans, Servicemembers, and their families. They are authorized to represent the interests of a Veteran or a dependent with the claim of any federal benefit.

When the VA has all of your evidence, they'll review it and assign a disability rating in accordance with the severity of your symptoms. After you have been given a decision by the federal VA, a VSO will discuss with you your ratings and any additional state benefits that you may be entitled to.

The VSO can assist you in requesting an appointment with the VA in the event you disagree with a decision by the federal VA. Under the Appeals Modernization Act, there are three "lanes" that can be used to appeal that includes a supplemental claim, an additional level review or an appeal to the Board of Veterans Appeals. A VSO can assist you in deciding the best appeal/review option for your particular situation.

Appeal

The VA appeals process can be lengthy and complicated. Depending on which AMA choice is made and whether or not your case is eligible to be processed with priority this could mean it takes an extended time to receive a final decision. An experienced disability attorney can assist you in determining the best path to take and may file an appeal on your behalf, if needed.

There are three ways to appeal the denial of veterans' benefits, but each one takes the time in a different way. A lawyer can help you decide which one is the most appropriate for your particular situation, and also explain the VA disability claims process so you know what to expect.

If you prefer to bypass the DRO review and go directly to the BVA, you must submit an appeal form 9 formal appeal and wait for your regional office to transfer your file to the Board. The BVA will issue a Statement of Case (SOC). You may request an individual hearing before the BVA but it isn't mandatory.

A supplemental claim provides you with the opportunity to provide new and relevant evidence for the VA. This could include medical evidence as well as non-medical evidence such as lay assertions. Lawyers can present these statements and get independent medical exams as well an expert's opinion from a vocational specialist on your behalf. If the BVA refuses to accept your supplemental claim you can appeal to the Court of Appeals for veterans disability attorney Claims.