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How to File a Veterans Disability Case

Many veterans disability attorneys have medical issues as they join the military, but they don't reveal them or treat them. They figure they will go away or get better after a time.

As time passes the problems get worse. Now they require help from the VA to receive compensation. The problem is that the VA isn't going to believe them.

Getting Started

Many veterans are waiting for years before making a claim. They might think that they can deal with the issue or believe that it will go away by itself without treatment. It is important to file a claim when the symptoms of disability become severe enough. If you're planning to submit a claim in the future then let the VA be aware by submitting an intent to file form. This will allow you to determine an effective date that is more recent and make it easier to get your back pay.

When you file your initial claim, it is important to provide all evidence relevant. This includes the medical clinics of civilians and Veterans Disability hospital records pertaining to the illness or injuries you're planning to claim as well as any military records related to your service.

When the VA has received your claim, they will examine it and gather additional evidence from you and your health care providers. Once they have the data they require, they'll arrange for you to take an examination for compensation and pension (C&P) to determine your rating.

It is recommended to complete this in conjunction with your separation physical to ensure it is recorded as a service-connected disability even when the rating is only 0 percent. This will make it much easier to file for an increase in rating later on if your condition worsens.

Documentation

To receive the benefits you are entitled to, it's essential that you give your VA disability lawyer with all of the relevant documentation. This could include medical documents, service records as well as letters from relatives, friends or coworkers who are aware of how your disability affects you.

Your VSO can assist you in obtaining the required documentation. This may include medical records from the VA hospital as well as private physician's reports or diagnostic tests as well as other evidence to show that you suffer from a debilitating condition and that it was caused or made worse by your service in the Armed Forces.

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

If VA decides that you are eligible for disability benefits, they will notify you in writing of their decision and send all the relevant documents to Social Security. If they find that you don't have a qualifying disability then the VSO will return the document to you, and they will allow you to appeal the decision within a certain time period.

A VA attorney can help you find evidence to support your claim. Our veterans advocate can also obtain medical documentation 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 beyond disability compensation, including vocational rehabilitation and employment home loans, group life insurance medical benefits, military burial benefits, and more. They will examine your medical and service records to determine the federal programs accessible to you, and fill in the required 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, Servicemembers, and their families. They are legally authorized to represent an Veteran or their dependents or survivors who has a claim to any federal benefit.

Once the VA has all of your evidence, they will review it and veterans Disability determine a disability rating based on the severity of your symptoms. A VSO will discuss your rating as well as any other state benefits for which you may be eligible, with you once you receive an answer from the federal VA.

The VSO can also assist you to request a hearing with the VA to resolve an issue if you disagree with a ruling made by the federal VA. In the Appeals Modernization Act, there are three "lanes" available for an appeal that includes a supplemental claim, higher-level review or a notice of disagreement to the Board of Veterans Appeals. A VSO can help you decide the best appeal or review option for your particular situation.

Appeal

The VA appeals process can be complicated and lengthy. Depending on the AMA lane is chosen and whether or not your case is processed with priority and it could take some time to get a final decision. A veteran disability lawyer can assist you in determining the best way to proceed and can file a formal appeal on your behalf if needed.

There are three avenues to appeal the denial of benefits to veterans disability attorney However, each takes an varying amount of time. A lawyer can help you determine which option is best for your case and can explain the VA disability appeals process to help you know what to expect.

If you wish to bypass the DRO review in order to directly go to BVA then you must submit Form 9 and wait for the regional office to forward the file to the Board. The BVA will issue a Statement of Case (SOC). You may request an individual hearing before the BVA but it's not a requirement.

A supplemental claim is an opportunity to present fresh and relevant evidence to the VA. This includes medical evidence but also non-medical evidence such as statements from lay people. Lawyers can present these statements and get independent medical examinations as well as a vocational expert's opinion on your behalf. If the BVA declines your supplemental claim you can submit an appeal to the Court of Appeals for Veterans Claims.