What Experts On Veterans Disability Lawyer Want You To Be Able To

How to File a Veterans Disability Case

Many veterans experience medical issues after they join the military, but do not reveal them or treat them. They think they'll be cured or disappear after a time.

As the years go by, these problems get worse. Now, they need help from the VA to get compensation. The problem is that the VA will not believe them.

Getting Started

Many veterans disability attorneys wait years before filing a disability claim. Many veterans wait 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 intend to file a claim on later time by submitting an intent to file. This will help you establish an effective date that is more recent and make it easier to claim your back pay.

It is vital to include all relevant proof when you submit your initial claim. This includes the medical clinics of civilians and hospital records related to the illness or injuries you are planning to claim, as well any military records pertaining to your service.

Once the VA has received your claim, they will review it and gather additional evidence from you and your health healthcare providers. Once they have the information they need, they will arrange for you to take a compensation and pension exam (C&P) to help them decide your rating.

It is best to do this in parallel with your separation physical to ensure that it is documented as a service-connected disability, even in the event that the rating is 0 percent. It is easier to request an increase in rating if your condition becomes worse.

Documentation

It is important that you provide all the required 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 lay evidence like letters from friends, family members or colleagues who know how your disabilities affect you.

Your VSO can assist you with gathering the required documentation. This can include medical records from the VA Hospital, private physician's report or diagnostic tests, and other evidence that proves that you have a debilitating illness and that your participation in Armed Forces caused or worsened it.

VA will then evaluate the evidence to determine your disability rating. This is done using an approved schedule by Congress that specifies the disabilities that are eligible for compensation and at what percentage.

If VA determines that you are eligible for disability benefits, they will inform you in writing of their decision and send all relevant documents to Social Security. If they find that you do not have a qualifying disability, the VSO will return the document to you, and you can appeal this decision within a certain time period.

A VA attorney in Kalamazoo can assist you in obtaining the evidence needed for your claim. In addition to medical records our veterans advocate will seek opinions from independent medical examiners, as well as an opinion from your VA treating physician on the impact of your disabilities on your life.

Meeting with a VSO

A VSO can assist with a myriad of programs, which extend beyond disability compensation. They can help with vocational rehabilitation and employment, home loan and group life insurance. They can also assist with medical benefits as well as military burial benefits. They will examine your medical records and lawyers 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 service organizations (VSOs), which are private non-profit groups that advocate on behalf of Veterans, Servicemembers, and their families. They are authorized by law to represent a Veteran or a dependent or survivor who has a claim to any federal benefit.

After the VA has all your evidence, they will review it and give you a disability score based on the severity of your symptoms. A VSO will discuss your rating and any additional state benefits, for which you may be eligible, after you have received a decision from the federal VA.

The VSO can also help you request a hearing with the VA to resolve an issue in case you disagree with a decision of the federal VA. The Appeals Modernization Act provides three "lanes" to appeal. They are 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/review options are best for your situation.

Appeals

The VA appeals process can be complex and time-consuming. It could take a full one year or more to get an answer, based on the AMA option you select and if your case qualifies for priority processing. A veteran disability lawyer can help you determine the best course of action and can file a formal appeal on your behalf, if necessary.

There are three different ways to appeal a Veterans Benefits denial however each one takes different amounts of time. A lawyer can help decide which option is the best for your situation and also explain the VA disability claims process so you are aware of what to expect.

If you'd like to bypass the DRO review to directly go to BVA the Board, you must complete 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 a personal hearing before the BVA, but it is not required.

A supplemental claim provides an opportunity to present new and relevant evidence to the VA. This can include medical evidence, but also non-medical evidence such as lay statements. Lawyers can present these statements and get independent medical examinations aswell as a vocational expert's opinion on your behalf. If the BVA rejects your supplemental claim you may appeal to the Court of Appeals for Veterans Claims.