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How to File a veterans disability (see this website) Case

Many veterans who join the military with medical issues that they don't report or treat. They think that the problems will be gone after a period of time or improve.

But as time passes, the problems become more severe. Now, they require the VA's assistance to receive compensation. The problem is that the VA won't accept their claims.

Getting Started

Many veterans have to wait for years before filing a claim for disability. They might 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 important to file a claim when the symptoms of disability become severe enough. Let the VA know if you plan to file a claim on a later date by submitting an intention to file. This will allow for a later effective date, which will make it easier to claim back pay for the time you have already missed out on because of your disability.

When you file your initial claim, it's important to provide all evidence relevant. You should include all medical records from hospitals and clinics that pertain to the ailments or injuries you plan to claim and military records.

Once the VA receives your claim they will examine it and gather additional evidence from you and your health medical professionals. Once they have the data they require, they will arrange for you to take an examination for compensation and pension (C&P) to determine your eligibility.

This must be done in tandem with the separation physical, to ensure that your condition is recognized as service-connected even if it's not percent. This will make it easier to file for an increase in rating later on should your condition get worse.

Documentation

It is crucial to supply all the necessary documentation to your VA disability lawyer to be able to claim the benefits to which you are entitled. This could include medical records, service records and even lay evidence, such as letters from family members, friends members, or colleagues who understand how your disabilities affect you.

Your VSO can help you gather the required 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 time in the Armed Forces caused or worsened it.

VA will then review the evidence to determine your disability rating. This is accomplished using a schedule drafted by Congress that determines the disabilities that are eligible for compensation and at what percentage.

If VA determines that you qualify for disability benefits, they will notify you in writing of their decision and send all the necessary documents to Social Security. If they find that you do not have a qualifying disability, the VSO will return the documents to you and you can appeal this decision within a set time.

A VA lawyer can assist you to find evidence to support your claim. Our veterans advocate can collect medical documentation and opinions from independent medical examiners and a written statement from the VA treating doctor regarding your disability.

Meeting with a VSO

A VSO can help with a myriad of programs that go beyond disability compensation. These include vocational rehabilitation as well as employment, home loans and group life insurance. They also can assist with medical benefits as well as military burial benefits. They will review your medical records and service records to determine the federal programs accessible to you, and fill with the required forms.

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 authorised by law to represent any Veteran or dependent who has a claim to any federal benefit.

Once the VA receives all the evidence, they'll review it, and then assign an assessment of disability depending on the severity of your symptoms. A VSO can discuss your ratings, and additional state benefits for which you might be eligible, with you after you have received an answer from the federal VA.

The VSO can also help you request an appeal to the VA to resolve a problem in the event that you do not agree with a decision of the federal VA. Under the Appeals Modernization Act, there are three "lanes" available for an appeal such as a supplemental appeal, an additional level review or a Notice of Disagreement with the Board of Veterans Appeals. A VSO can help you decide which appeal or review options are appropriate for your particular situation.

Appeals

The VA appeals process can be complicated and long. Depending on which AMA route is chosen and whether or not your case qualifies to be treated with priority, it can take a long time to receive the final decision. A veteran disability lawyer can assist you in determining the best route to take and may file a formal appeal on your behalf if required.

There are three options for appealing the denial of benefits to veterans, but each one takes a different amount of time. A lawyer can assist you in deciding the best option for your case and can explain the VA disability appeals procedure so that you are aware of what to expect.

If you'd like to bypass the DRO review to submit your case directly to BVA the Board, you must fill out Form 9 and wait for the regional office to forward the file to the Board. The BVA will then issue an Statement of Case (SOC). You can request an individual hearing before the BVA but it's not required.

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