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How to File a Veterans Disability Case

Many veterans who join the military suffering from medical conditions which they don't report or treat. They think that the problem will be gone after a while or get better.

However, as time goes by, those problems get worse. They now require assistance from the VA to receive compensation. The VA doesn't believe the VA.

Getting Started

Many veterans wait years before filing a claim for disability. They may believe that they can manage the issue or believe that it will go away by itself if they don't seek treatment. It is crucial to file a claim when the symptoms of disability become severe enough. If you intend to submit a claim in the future and you are unsure of the procedure, let the VA know by submitting an intent to submit form. This will set a more effective date, making it easier to recover your money for time you've already missed due to your disability.

It is essential to include all relevant evidence when you file your initial claim. You should include all medical records from civilian clinics and hospitals pertaining to the ailments or injuries you are planning to claim as well as military documents.

When the VA receives your claim, they will review it and seek additional evidence from you and your health healthcare providers. Once they have the information they require, they'll schedule you for an examination to determine your compensation and pension (C&P) to determine your eligibility.

It is recommended to do this in parallel with your separation physical to ensure it is documented as a disability resulting from service, even when the rating is zero percent. It will be easier to request an increase in your rating if your condition becomes worse.

Documentation

It is crucial to provide all the necessary documentation to your VA disability lawyer to ensure that you receive the benefits to which you are entitled. This can include medical records, service records and even lay evidence, such as letters from family, friends members or coworkers who know how your disabilities affect you.

Your VSO can help you gather the required documentation. This may include medical records from the VA hospital or private physician's report as well as diagnostic tests and other evidence to prove that you suffer from a debilitating condition that was caused by or worsened by 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 an approved schedule by Congress that defines the 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 this decision in writing and send the appropriate documents to Social Security for processing. If they decide that you do not have a qualifying impairment then the VSO returns the document and you can appeal the decision within a specific time period.

A VA lawyer can assist you to get the evidence you need to prove your claim. Our veterans advocate can obtain medical records and opinions from independent medical examiners as well as a letter from the VA treating physician regarding your disability.

Meeting with a VSO

A VSO can assist with a myriad of programs, which extend beyond disability compensation. These include vocational rehabilitation as well as employment, home loans and group life insurance. They can also assist with medical benefits and military burial benefits. They will go over all of your service records, and medical records to find out which federal programs you are qualified for and will complete the required paperwork for you to apply.

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 a Veteran or a dependent who has an application for any federal benefit.

Once the VA has all the evidence, they will go through it and determine a disability rating according to the severity of your symptoms. Once you receive a decision by the federal VA, you will be contacted by a VSO will be able to discuss with you your ratings and any additional state benefits you might be entitled to.

The VSO can help you request an appointment with the VA in the event you disagree with a decision of the federal VA. Under the Appeals Modernization Act, there are three "lanes" available for an appeal which include a supplemental claim a higher level review or a Notice of Disagreement to the Board of Veterans Appeals. A VSO can assist you in deciding which appeal or review option is best for your particular situation.

Appeals

The VA appeals process can be complicated and lengthy. Based on which AMA choice is made and if your case is eligible to be processed with priority or not, it could take an extended time to receive an answer. A veteran disability lawyer can help you decide the best path to take and make an appeal on your behalf in the event of a need.

There are three avenues to appeal the denial of benefits to Veterans Disability Law Firms Each one of them requires a different amount of time. A lawyer can assist you in deciding which option is the best for your case, and also explain the VA disability claims 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 file a Form 9 formal appeal and wait for your regional office to transfer your appeal to the Board. The BVA will issue a Statement of Case (SOC). You can request an individual hearing before the BVA but it's not required.

A supplemental claim gives you the opportunity to provide new and relevant evidence to the VA. This can include medical evidence and non-medical evidence like lay statements. An attorney can present these statements on behalf of you and also get independent medical exams and a vocational expert's opinion. If the BVA refuses your claim for supplemental benefits you may file an appeal to the Court of Appeals for veterans disability lawyer Claims.