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How to File a Veterans Disability Case

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

As time passes the problems continue to worsen. They now require the VA's assistance to obtain compensation. The problem is that the VA won't believe them.

Getting Started

Many veterans wait years before filing a disability claim. Many veterans disability law firms wait years before filing a disability claim. It is important to start filing a claim as soon the disability symptoms become serious enough. Let the VA know that you intend to make a claim at later time by submitting an intent to file. This will set a more effective date, which makes it easier to recover money for disability the time you've been denied due to your disability.

When you file the initial claim, it's important to provide all evidence relevant. This includes civilian medical clinic and hospital records pertaining to the illnesses or injuries you're planning to claim as well as any military documents related to your service.

Once the VA accepts your claim they will examine it and gather additional evidence from you and your health healthcare providers. Once they have the data they require, they'll schedule you for an exam for compensation and pension (C&P) to help them decide your rating.

It is best to do this in parallel with your separation physical to ensure it is documented as a service-connected disability, even when the rating is only 0%. It will be easier to ask for an increase in rating should your condition gets worse.

Documentation

In order to obtain the benefits you are entitled to, it is vital to give your VA disability lawyer with all the relevant documentation. This can include medical documents, service records and letters from relatives, 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, private physician's report or diagnostic tests, and other evidence that proves you are suffering from a condition that is disabling 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 using a schedule drafted by Congress which specifies the types of disabilities that are eligible for compensation and at what percentage.

If VA determines that you are suffering from a qualifying disability, they will notify you of this decision in writing and then send the relevant documents to Social Security for processing. If they conclude that you do not have a qualifying disability then the VSO will return the form to you. they will allow you to appeal the decision within a certain time period.

A VA attorney can help you get the evidence you need to prove your claim. In addition to medical records our veterans advocate can obtain opinions from independent medical examiners and a statement from your VA treating doctor regarding the impact of your disability on your life.

Meeting with a VSO

A VSO can help with a range of programs that go beyond disability compensation, including vocational rehabilitation and employment loans for home, group life insurance medical benefits as well as military burial benefits and many more. They will review all of your records from service, and medical records to find out which federal programs you are eligible for and to fill out the necessary 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, Servicemembers, disability and their families. They are authorized to represent any Veteran or a dependent with a claim of any federal benefit.

After the VA has all of your evidence, they'll review it and assign a disability rating according to 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 other state benefits you might be entitled to.

The VSO can assist you in requesting an hearing with the VA if you disagreed with a decision made by the federal VA. The Appeals Modernization Act provides three "lanes" to appeal. These are a supplemental claim, or a more thorough review or a notification of disagreement to the Board of veterans disability law firm Appeals. A VSO can help you decide which appeal/review option is best for your situation.

Appeal

The VA appeals procedure is complex and lengthy. It could take a full one year or more to get a decision, based on the AMA route you choose and if your case is eligible for priority processing. A veteran disability lawyer can assist you in determining the best way to proceed and may file a formal appeal on behalf of you if needed.

There are three ways 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 and will explain the VA disability appeals process to help you know what you can expect.

If you want to skip the DRO review to go directly to BVA the BVA, then submit Form 9 and wait for the regional office to transfer the file to the Board. The BVA will issue a Statement of Case (SOC). You may request a personal hearing before the BVA but it isn't required.

A supplemental claim gives you the chance to submit new and relevant evidence for the VA. This includes medical proof, but also non-medical evidence such statements made by laypeople. An attorney can present these statements on behalf of you and also request independent medical exams and a vocational expert's opinion. If the BVA refuses to accept your supplemental claim you can appeal to the Court of Appeals for Veterans Claims.