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How to File a Veterans Disability Case

Many veterans enter military service with health issues which they don't report or treat. They think that the problems will be gone after a time or improve.

As time passes, the problems become more severe. They now require assistance from the VA to get compensation. The problem is that the VA won't accept their claims.

Getting Started

Many veterans have to wait for years before filing an claim. Many veterans wait years before filing a disability claim. It is essential to file a claim as soon as the symptoms of disability become serious enough. Let the VA know if you plan to file a claim at later time by submitting an intent to file. This will help you establish a more recent effective date and will make it easier to get your back pay.

When you file your initial claim, you need to include all relevant evidence. This includes medical clinics for civilians and hospital records regarding the ailments or injuries you plan to claim as well as any military records pertaining to your service.

Once the VA receives your claim they will review it and collect additional evidence from you and your health care providers. Once they have all the data they require, they'll set up an appointment to take an examination called a Compensation and Pension (C&P) to determine your eligibility.

It is best to do this as a part of your separation physical to ensure that it is recorded as a disability that is service-connected, even in the event that the rating is 0%. This will make it much easier to request an increase in rating later on when your condition becomes worse.

Documentation

To get the benefits you are entitled to, it is essential to provide your VA disability lawyer with all of the relevant documents. This can include medical records, service records and letters from relatives, friends or coworkers who are aware of how your disability affects you.

Your VSO can help you gather the required documentation. This may include medical records from the VA hospital or private physician's report diagnostic tests, and other evidence to show that you suffer from a disabling condition that was caused by or worsened by your service in the Armed Forces.

The next step is for VA to examine the evidence and determine your disability rating. This is accomplished by using an established schedule by Congress which specifies the types of disabilities that are eligible for compensation and in what percentage.

If VA determines that you have a qualifying disability, they will notify you of their decision in writing and send the appropriate documents to Social Security for processing. If they conclude that you do not have a qualifying disability, the VSO will return the form to you. the decision is yours to appeal within a set time.

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

Meeting with VSO VSO

A VSO can assist with a myriad of programs, beyond disability compensation. They can help with vocational rehabilitation and employment, home loan and group life insurance. They can also assist with medical benefits and burial benefits. They will go over all of your service records and medical records to figure out which federal programs you are eligible for veterans disability lawyer and to fill out the necessary paperwork required 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, and their families. They are authorized to represent the interests of a Veteran or dependent who is a claim of any federal benefit.

After the VA has received all of your evidence, they will go over it, and then give you the disability rating based on your severity of symptoms. A VSO can discuss your rating as well as any other state benefits to which you might be eligible, with you after you have received an answer from the federal VA.

The VSO can help you request an hearing with the VA if you disagreed with a decision of the federal VA. The Appeals Modernization Act provides three "lanes" to appeal. They include a supplementary claim or a higher-level review or a notice 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 can be complicated and lengthy. It could take a full year or more to receive the outcome, depending on the AMA lane you choose and whether your case is eligible for priority processing. A veteran disability lawyer can assist you in determining the best path to follow and can also file an official appeal on your behalf if required.

There are three options to appeal the denial of benefits to veterans However, each takes an varying amount of time. A lawyer can help you determine which is best for your situation and also explain the VA disability claims process so you know what you can expect.

If you want to forgo the DRO review and instead go directly to the BVA you must submit a Form 9 formal appeal and wait for your regional office to forward your file to the Board. The BVA will then issue an Statement of Case (SOC). You may request a personal hearing before the BVA but it is not mandatory.

A supplemental claim is an opportunity to provide new and relevant evidence to the VA. This includes medical evidence, but also non-medical evidence such statements from lay people. An attorney is able to submit these statements on your behalf and can also obtain independent medical exams and a vocational expert's opinion. If the BVA denies your supplemental claim you may file an appeal to the Court of Appeals for veterans disability law firms Disability Lawyer (Www.open201.com) Claims.