How to File a Veterans Disability Case
Many veterans join military service with health issues that they do not report or treat. They believe that the issues will go away over time or improve.
As time passes as time passes, the issues continue to get worse. They now require assistance from the VA to get compensation. The problem is that the VA isn’t going to believe them.
Getting Started
Many veterans are waiting for years before filing a disability claim. Many veterans wait for years before filing a disability claim. This is why it is crucial to file an application as soon as the symptoms of disability become severe enough. If you are planning to make a claim in the future and you are unsure of the procedure, let the VA know by filing an intent to file form. This will allow for a later effective date, which will make it easier to recover your money for time you’ve already missed out on because of your disability.
It is vital to include all relevant proof when you submit your initial claim. It is essential to include all medical records from civilian hospitals and clinics that pertain to the ailments or injuries you are planning to claim and military documents.
The VA will examine your claim and gather additional evidence from both you and your healthcare providers. Once they have the information they require, they will schedule you for an exam for compensation and pension (C&P) to determine your rating.
This is best done in conjunction with the separation physical, so that your disability is recorded as service-connected even if it’s not%. This will make it easier to file for an increased rating later in the event that your condition gets worse.
Documentation
To be able to claim the benefits you are entitled to, it is essential that you provide your VA disability lawyer with all relevant documents. This could include medical documents, service records and letters from friends, relatives or coworkers who are aware of how your disability affects you.
Your VSO can help you gather the required documentation. This can include medical records from the VA Hospital as well as a private physician’s note as well as diagnostic tests and other evidence that shows that you have a debilitating illness and that your service in the Armed Forces caused or worsened it.
VA will then review the evidence to determine your disability rating. This is done with the schedule that was created by Congress that outlines the types of disabilities that are eligible for compensation and in what percentage.
If VA finds that you suffer from a qualifying disability, they will inform you of their decision in writing and then send the relevant documents to Social Security for processing. If they conclude that you don’t have a qualifying impairment and the VSO returns the documents and you have the option to appeal the decision within a certain time frame.
A VA attorney in Kalamazoo can assist you in gathering the evidence required for your claim. Our robbinsdale veterans disability attorney advocate can also collect medical documentation and opinions from independent medical examiners, as well as a statement from the VA treating physician regarding your condition.
Meeting with a VSO
A VSO can help with a myriad of programs that go beyond disability compensation. They can help with vocational rehabilitation, employment, home loans and group life insurance. They can also assist with medical benefits as well as military burial benefits. They will go over all of your documents from your military service, and medical information to find out which federal programs you’re qualified for and will fill out the required paperwork for you to apply.
Many accredited representatives work for VA-accredited/federally chartered floresville veterans disability law firm service organizations (VSOs), which are private non-profit groups that advocate on behalf of Buffalo veterans disability law Firm, Servicemembers, and their families. They are authorized to represent the interests of a Veteran or dependent who is claims for any federal benefit.
Once the VA has all your evidence, they’ll review it and assign a disability rating according to the severity of your symptoms. Once you receive a decision by the federal VA, a VSO will discuss with you your rating and any other state benefits you might be entitled to.
The VSO can help you request an hearing with the VA in the event that you are dissatisfied with a decision made by the federal VA. Under the Appeals Modernization Act, there are three “lanes” that can be used to appeal which include a supplemental claim 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 particular situation.
Appeals
The VA appeals process is complex and lengthy. Based on which AMA option is selected and if your case qualifies to be treated with priority or not, it could take an extended time to receive an official decision. A veteran disability attorney can help you decide the best course of action and can file an appeal on your behalf if necessary.
There are three avenues to appeal the denial of veterans’ benefits Each one of them requires a different amount of time. A lawyer can help decide which one is the most appropriate for your situation and explain the VA disability claims process to help you understand what you can expect.
If you’d like to skip the DRO review to directly go to BVA, then you must complete Form 9 and wait for the regional office to transfer the file to the Board. The BVA will then issue a Statement of the Case (SOC). You can request a private hearing before the BVA however, it is not mandatory.
A supplemental claim gives you the opportunity to provide new and relevant evidence to the VA. This can include medical evidence, but also non-medical evidence like declarations from laypeople. A lawyer can make these statements and request independent medical examinations aswell an opinion of a vocational expert on your behalf. If the BVA rejects your supplemental claim you may file an appeal to the Court of Appeals for Veterans Claims.