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How to File a Veterans Disability Case

Many veterans have medical problems when they enter the military, but they don't declare them or address them. They think they'll go away or get better after a time.

But years pass and those problems get worse. Now, they require the VA's assistance to obtain compensation. The VA isn't convinced by the VA.

Getting Started

Many veterans wait for years before filing a claim. Many veterans wait for years before filing a disability claim. It is essential to initiate a claim as soon as the disability symptoms become serious enough. Let the VA know if you plan to make a claim at later time by submitting an intention to file. This will allow you to determine an earlier effective date and make it easier to receive your back pay.

It is vital to provide all the relevant documentation when you file your initial claim. You should include all medical records from hospitals and clinics that pertain to the illnesses or injuries you plan to claim and military records.

When the VA receives your claim, they will review it and seek additional evidence from you and your health healthcare providers. Once they have all of the information they require, they'll arrange an appointment for you to take an examination called a Compensation and Pension (C&P) to determine your rating.

This should be done in conjunction with the separation physical, so that your disability is recorded as service-connected even if it's 0%. This will make it much easier to request an increase in your rating should your condition get worse.

Documentation

To receive the benefits you are entitled to, it is vital that you give your VA disability lawyer with all of the relevant documents. This may include service records, medical documentation and even lay evidence, such as letters from friends, family members or coworkers who know how your disabilities affect you.

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

The next step is for VA to evaluate the evidence and determine your disability rating. This is done by using a schedule drafted by Congress that designates the disabilities that 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 forward all relevant documents to Social Security. 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 time frame.

A VA lawyer in Kalamazoo can help you gather the evidence required for your claim. In addition, to medical documentation our veterans advocate can get opinions from independent medical examiners as well as an opinion from your VA treating physician regarding the impact of your disability on your daily life.

Meeting with VSO VSO

A VSO can assist with a range of programs that go beyond disability compensation. These include vocational rehabilitation employment, home loans, and group life insurance. They also can assist with medical benefits as well as military burial benefits. They will look over your medical records and service records to determine what federal programs are available to you. They will also fill out 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 any Veteran or dependent who has a claim to any federal benefit.

Once the VA has received all of your evidence they will review it, and assign an assessment of disability in accordance with the severity of your symptoms. A VSO can discuss your rating and other state benefits to which you may be eligible, with you when you receive an answer from the federal VA.

The VSO can also assist you to request an hearing with the VA to resolve a problem if you disagree with a ruling made by the federal VA. The Appeals Modernization Act provides three "lanes" to appeal. They are a supplementary claim or a review at a higher level or a notification of disagreement to the Board of Veterans Appeals. A VSO can help you decide which appeal or review options are appropriate for your particular situation.

Appeal

The VA appeals process is complicated and lengthy. It could take up to a time of up to a year before you receive a decision, based on the AMA lane you choose and whether your case qualifies for priority processing. A veteran disability lawyer can help you determine the best route to take and may file a formal appeal on behalf of you if necessary.

There are three options to appeal a denial of benefits to veterans disability lawsuit However, each requires different amounts of time. A lawyer can assist you in deciding which option is best for your case and can explain the VA disability appeals process so that you are aware of what to expect.

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

A supplemental claim is an opportunity to present new and relevant evidence to the VA. This can include medical evidence however, it can also include non-medical proof like lay statements. A lawyer can submit these statements and obtain independent medical tests as well an opinion of a vocational expert on your behalf. If the BVA declines your supplemental claim, you can submit an appeal to the Court of Appeals for Veterans Claims.