How to File a Veterans Disability Case
Many veterans who join the military with medical problems that they don’t report or treat. They think that the problems will go away over time or improve.
As time passes, these problems continue to get worse. Now they need the VA’s assistance to obtain compensation. The VA isn’t convinced by the VA.
Getting Started
Many veterans wait years before submitting a disability claim. They might think that they can manage the issue or that it will go away by itself if they don’t seek treatment. It is important to file a claim as soon as the symptoms of disability become severe enough. Let the VA know that you intend to file your claim at later time by submitting an intention to file. This will enable you to determine a more recent effective date and make it easier to claim your back pay.
It is important that you include all relevant proof when you file your initial claim. This includes medical clinics for civilians and hospital records regarding the illnesses or injuries you’re planning to file a claim for, as well as any military records related to your service.
Once the VA accepts your claim they will review it and collect additional evidence from you and your health care providers. Once they have the data they require, they will arrange for you to take a compensation and pension exam (C&P) to determine your eligibility.
It is recommended to complete this in conjunction with your separation physical so that it is recognized as a service-connected disability, even when the rating is zero%. This will make it much easier to file for an increased rating in the future in the event that your condition gets worse.
Documentation
It is vital that you supply all the necessary documentation to your VA disability lawyer in order to get the benefits to which you are entitled. This could include medical records, service records and lay evidence such as letters from family, friends members, or colleagues who understand how your disabilities affect you.
Your VSO can assist you with gathering the necessary documentation. This could include medical records from the VA hospital and private physician’s records diagnostic tests, and other evidence to prove that you suffer from a debilitating condition and that it was caused or worsened through your service in the Armed Forces.
VA will then examine the evidence to determine your disability rating. This is done with a schedule drafted by Congress that defines 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 determine that you do not have a qualifying disability and the VSO will return the documents to you and the decision is yours to appeal within a specified time.
A VA attorney can help you get the evidence you need to prove your claim. Our veterans advocate can also get medical documents and opinions from independent medical examiners, as well as a letter from the VA treating doctor regarding your condition.
Meeting with a VSO
A VSO can help with a variety of programs beyond disability compensation, such as vocational rehabilitation and employment, home loans and group life insurance, Vimeo medical benefits as well as military burial benefits and many more. They will look over your medical records and service records to determine the federal programs available to you and then fill with the required forms.
Many accredited representatives work for VA-accredited/federally chartered elsmere veterans disability lawyer service organizations (VSOs), which are private non-profit groups that advocate on behalf of Veterans, Servicemembers, and their families. They are authorized to represent any Veteran or dependent who is an application for any federal benefit.
After the VA receives all the evidence, they will examine it, and then give you the rating of disability according to the severity of your symptoms. A VSO can discuss your ratings, and additional state benefits to which you could be eligible, with you when you receive a decision from the federal VA.
The VSO can also assist you to request an appointment with the VA to resolve an issue when you are not satisfied with a decision made by the federal VA. In the Appeals Modernization Act, there are three “lanes” available for an appeal: a supplemental claim, an additional level review or a Notice of Disagreement to the Board of Veterans Appeals. A VSO can assist you in determining which appeal or review option is the most appropriate for your particular situation.
Appeals
The VA appeals process is complex and time-consuming. It could take a full year or more to receive an answer, based on the AMA route you choose and if your case is eligible for priority processing. A veteran disability lawyer can help you determine the best route to take and can also file an official appeal on your behalf, if necessary.
There are three ways to appeal the denial of veterans’ benefits Each one of them requires an varying amount of time. A lawyer can help you decide which option is the best for your situation and explain the VA disability claims process so you are aware of what to expect.
If you want to forgo the DRO review and instead go directly to the BVA You must submit an appeal form 9 formal appeal and wait for your regional office to transfer your appeal to the Board. The BVA will then issue a Statement of the Case (SOC). You may request an individual hearing before the BVA but it’s not a requirement.
A supplemental claim provides an chance to present new and relevant evidence to the VA. This includes medical proof, but also non-medical evidence such as statements from lay people. A lawyer can submit these statements and obtain independent medical exams as well as a vocational expert’s recommendation on your behalf. If the BVA rejects your supplemental claim you can submit an appeal to the Court of Appeals for Veterans Claims.