How to File a Veterans Disability Case
Many veterans suffer from medical issues when they enter the military, but they do not reveal them or treat them. They think that the problem will go away after a while or get better.
As the years go by as time passes, the issues continue to get worse. Now they require help from the VA to get compensation. The VA isn’t convinced by the VA.
Getting Started
Many Seattle Veterans Disability Attorney are waiting for years before submitting a disability claim. They may believe that they are able to handle the issue or think it will disappear on its own without treatment. It is essential to file a claim when the symptoms of disability are severe enough. If you’re planning to pursue a claim in future then inform the VA know by submitting an intent to file form. This will enable you to determine an earlier effective date and will make it easier for you to get your back pay.
When you file the initial claim, it’s important to include all relevant evidence. This includes the medical clinics of civilians and hospital records that relate to the ailments or injuries you are planning to claim, as well as any military records pertaining to your service.
Once the VA has received your claim, they will review it and seek additional evidence from you and your health care providers. Once they have the data they need, they will schedule you for an examination for compensation and pension (C&P) to help them decide your rating.
This is best done in conjunction with the separation physical, so that your disability is recognized as service-connected even if it is 0 percent. It is easier to request an increase in your rating if your condition gets worse.
Documentation
To receive the benefits you are entitled to, it is vital to give your VA disability lawyer with all relevant documentation. This can include medical documents, service records as well as letters from friends, relatives or coworkers that know the impact of your disability on you.
Your VSO can assist you in gathering the required documentation. This could include medical records from the VA hospital, private physician’s reports, diagnostic tests and other evidence to show that you suffer from a chronic condition and that it was caused by or worsened through your service in the Armed Forces.
The next step is for VA to evaluate the evidence and determine your disability rating. This is accomplished by using the schedule that was created by Congress that outlines which disabilities are compensable and in what percentage.
If VA determines that you are eligible for disability benefits, they will inform you in writing of their decision and forward all the necessary documents to Social Security. If they conclude that you do not have a qualifying disability, the VSO will return the document to you, and you can appeal this decision within a set time.
A VA lawyer in Kalamazoo will assist you with gathering the evidence you need to support your claim. Our veterans advocate can obtain medical records and opinions from independent medical examiners, as well as a 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, including vocational rehabilitation and employment, home loans and group life insurance, medical benefits, military burial benefits, and many more. They will go over all of your documents from your military service, and medical records to figure out which federal programs you are eligible for and to complete the required paperwork for you to apply.
Many accredited representatives work for VA-accredited/federally chartered gulfport veterans disability attorney service organizations (VSOs), which are private non-profit groups that advocate on behalf of summerville veterans disability attorney, 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 your evidence, they’ll review it and determine a disability classification based on the severity of your symptoms. A VSO can discuss your ratings, and additional state benefits, for which you may be eligible, with you once you receive a decision from the federal VA.
The VSO can also assist you to request an appeal to the VA to resolve an issue if you disagree with a decision taken by the federal VA. The Appeals Modernization Act provides three “lanes” for appeals. They include a supplementary claim or a review at a higher level or a notice of disagreement to the Board of Veterans Appeals. A VSO can help you decide the best appeal/review option for your particular situation.
Appeal
The VA appeals procedure can be complex and lengthy. Depending on the AMA lane is chosen and if your case is treated with priority this could mean it takes several months to receive the final decision. A veteran disability lawyer can help you decide the best path to take and may make an appeal on your behalf if required.
There are three ways to appeal the denial of benefits to veterans Each one of them requires an varying amount of time. A lawyer can help you decide which one is right for your situation and explain the VA disability appeals process so that you know what you can 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 your regional office to transfer your file to the Board. The BVA will issue a Statement Of Case (SOC). You may request an individual hearing before the BVA but it’s not required.
A supplemental claim gives you the chance to present new and relevant evidence to the VA. This can include medical evidence however, it can also include non-medical proof such as lay assertions. Lawyers can submit these statements and get independent medical examinations as well an opinion of a vocational expert on your behalf. If the BVA declines your supplemental claim you may file an appeal to the Court of Appeals for Veterans Claims.