How to File a Veterans Disability Case
Many veterans have medical problems as they join the military, but don’t declare them or address them. They believe that the issues will go away over time or improve.
But years pass and those problems become more severe. Now they require help from the VA to receive compensation. The problem is that the VA won’t accept their claims.
Getting Started
Many veterans wait for years before filing a claim for disability. They might believe that they can deal with the issue or that it will disappear on its own without treatment. It is important to file a claim when the symptoms of disability become severe enough. If you’re planning to pursue a claim in future, let the VA know by filing an intent to file form. This will enable you to establish an earlier effective date and will make it easier for you to receive your back pay.
When you file your initial claim, it is important to provide all evidence relevant. This includes any medical clinics in the civilian sector and hospital records related to the injuries or illnesses you plan to file a claim for, as well as any military records that pertain to your service.
The VA will examine your claim and gather additional evidence from both you and your healthcare providers. Once they have all the data they require, they’ll schedule an appointment for you to take an exam for Compensation and Pension (C&P) to determine your eligibility.
This should be done in parallel with the separation physical to ensure that your disability is recorded as service-connected even if the disability is not a percent. It is easier to ask for an increase in rating in the event that your condition gets worse.
Documentation
To receive the benefits you are entitled to, it is essential to give your VA disability lawyer with all relevant documentation. This could include medical records, service records and lay evidence like letters from relatives, friends members or colleagues who know how your disabilities affect you.
Your VSO can assist you in gathering the necessary documentation. This could include medical records from the VA hospital as well as private physician’s reports as well as diagnostic tests and other evidence to show that you have a chronic condition and that it was caused or worsened through your service in the Armed Forces.
The next step is for VA to assess the evidence and determine your disability rating. This is done using a schedule drafted by Congress that designates which disabilities are eligible to be compensated and in what percentage.
If VA finds that you suffer from a qualifying disability, they will notify you of their decision in writing. They will then forward the appropriate documents to Social Security for processing. If they find that you don’t have a qualifying disability, the VSO returns the document and you can appeal the decision within a predetermined timeframe.
A VA attorney can help you collect evidence to support your claim. Our okeechobee veterans disability law firm advocate can also obtain medical records and opinions from independent medical examiners as well as a statement from the VA treating physician about your disability.
Meeting with VSO VSO
A VSO can help with a variety of programs, which extend beyond disability compensation. These include vocational rehabilitation and employment, home loan and group life insurance. They can also assist with medical benefits and burial benefits. They will review your medical records and service records to determine the federal programs available to you and 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 menomonie veterans disability lawsuit, Servicemembers, and their families. They are authorized to represent the interests of a Veteran or a dependent with the claim of any federal benefit.
Once the VA has all the evidence, they will review it and determine a disability rating in accordance with the severity of your symptoms. A VSO can discuss your rating and any additional state benefits for which you might be eligible, with you after you have received an answer from the federal VA.
The VSO can help you request an appointment with the VA if you disagreed with a decision made by the federal VA. The Appeals Modernization Act provides three “lanes” for an 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 assist you in deciding the best appeal/review option for your situation.
Appeals
The VA appeals procedure can be complex and lengthy. Depending on the AMA lane is chosen and if your case is treated with priority and it could take an extended time to receive an answer. A veteran disability attorney can help you decide the best way to proceed and can file an appeal on your behalf in the event of a need.
There are three ways to appeal the denial of veterans’ benefits, but each one takes the time in a different way. A lawyer can help you determine which one is right for you and will explain the VA disability appeals process to help you know what you can expect.
If you’d like to bypass the DRO review in order to submit your case directly to BVA, then you must submit 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 a personal hearing before the BVA however, it’s not required.
A supplemental claim gives you the chance to present new and relevant evidence for the VA. This can include medical evidence, but also non-medical evidence, such as statements from lay people. Lawyers can present these statements and request independent medical examinations aswell an expert’s opinion from a vocational specialist on your behalf. If the BVA declines your supplemental claim You can file an appeal to the Court of Appeals for Veterans Claims.