How to File a Veterans Disability Case
Many veterans experience medical issues when they enter the military, but do not reveal them or treat them. They think that the problem will go away after a time or improve.
As time passes, these problems get worse. Now they require help from the VA to get compensation. The problem is that the VA won’t accept their claims.
Getting Started
Many veterans wait for a long time before filing a claim. They may believe that they are able to handle the issue or that it will go away by itself without treatment. Therefore, it is crucial to begin filing a claim as soon the symptoms of disability become severe enough. If you intend to make a claim in the future then let the VA know by submitting an intent to submit form. This will establish an earlier effective date, which makes it easier to get back your money for time you have already lost due to your disability.
When you file the initial claim, it is important to provide all evidence relevant. This includes civilian medical clinic and hospital records that relate to the injuries or illnesses you are planning to file a claim for, as well as any military records related to your service.
When the VA accepts your claim they will examine it and gather additional evidence from you and your health medical professionals. Once they have the data they require, they will schedule you for a compensation and pension exam (C&P) to determine your rating.
This should be done in conjunction with the separation physical to ensure that your disability is categorized as service-connected even if it’s 0%. It is much easier to request an increase in rating should your condition gets worse.
Documentation
To be able to claim the benefits you are entitled to, it is essential to give your VA disability lawyer with all relevant documents. This can include medical documents, service records, and letters from family members, friends or coworkers that know how your disability affects you.
Your VSO can help you gather the necessary documentation. This may include medical records from the VA hospital and private physician’s records or diagnostic tests as well as other evidence to prove that you have a chronic condition and that it was caused or worsened by your service in the Armed Forces.
The next step is for VA to review the evidence and determine your disability rating. This is done with an approved schedule by Congress that determines which disabilities are eligible to be compensated and at what percentage.
If VA finds that you have a qualifying disability, they will notify you of their decision in writing and send the relevant documents to Social Security for processing. If they decide 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 specific time.
A VA lawyer in Kalamazoo can assist you in gathering the evidence you need to support your claim. In addition to medical documentation our Billings veterans Disability attorney advocate will seek opinions from independent medical examiners, as well as a letter from your VA treating physician on the impact of your disability on your life.
Meeting with a VSO
A VSO can assist with a wide range of programs, beyond disability compensation. They can help with vocational rehabilitation, employment, home loans and group life insurance. They can also help with medical benefits and burial benefits. They will examine your medical and service records to determine what federal programs are available to you. They will also fill in 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 Veterans, Servicemembers, and their families. They are authorized to represent the interests of a Veteran or a dependent with a claim of any federal benefit.
Once the VA receives all the evidence, they will go over it, and assign an assessment of disability depending on the severity of your symptoms. A VSO can discuss your rating and any additional state benefits for which may be eligible, with you when you receive a decision from the federal VA.
The VSO can help you request an hearing with the VA when you disagree with a ruling of the federal VA. In the Appeals Modernization Act, there are three “lanes” available for an appeal: a supplemental claim, an upper-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 particular situation.
Appeals
The VA appeals procedure can be complex and long. Depending on the AMA choice is made and whether or not your case is eligible to be handled in a priority manner or not, it could take several months to receive an answer. A veteran disability lawyer can help you decide the best way to proceed and may file an appeal on your behalf if necessary.
There are three avenues to appeal the denial of benefits to veterans Each one of them requires the time in a different way. A lawyer can help you decide which option is the best for your situation, and explain the VA disability claims process to help you understand what to expect.
If you wish to bypass the DRO review in order to go directly to BVA then you must fill out Form 9 and wait for the regional office to forward the file to the Board. The BVA will then issue a Statement of the Case (SOC). You may request a personal hearing before the BVA however it is not mandatory.
A supplemental claim is an opportunity to present fresh and relevant evidence to the VA. This can include medical evidence, but also non-medical evidence, such as statements made by laypeople. A lawyer can make these statements and get independent medical examinations as well as a vocational expert’s opinion on your behalf. If the BVA denies your claim, you may appeal to the Court of Appeals for dickson city veterans disability lawyer Claims.