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How to File a Veterans Disability Case

Many veterans go into military service with medical issues which they don't report or treat. They think that the problem will disappear after a time or improve.

As the years go by and the conditions continue to get worse. Now they need help from the VA to receive compensation. The VA doesn't believe the VA.

Getting Started

Many Veterans Disability Lawyer wait years before filing a claim for disability. Many veterans wait for years before making a claim for disability. It is important to file a claim when the symptoms of disability become severe enough. If you are planning to pursue a claim in future you should inform the VA know by submitting an intent to submit form. This will establish an earlier effective date, making it easier to receive your money for time you've already missed out on because of your disability.

It is vital to include all relevant evidence when you submit your initial claim. This includes any medical clinics in the civilian sector and hospital records pertaining to the injuries or illnesses you're planning to claim, as well any military records that pertain to your service.

The VA will examine your claim and obtain additional evidence from you and your healthcare providers. Once they have the data they need, they will schedule you for a compensation and pension exam (C&P) to determine your eligibility.

It is best to do this in conjunction with your separation physical to ensure it is recorded as a service-connected disability even when the rating is zero percent. It will be much easier to request an increase in your rating if your condition worsens.

Documentation

In order to obtain the benefits you are entitled to, it is vital to give your VA disability lawyer with all of the relevant documents. This can include medical documents, service records as well as letters from family members, friends or coworkers who know how your disability affects you.

Your VSO can assist you with gathering the required documentation. This may include medical records from the VA hospital as well as private physician's reports or diagnostic tests as well as other evidence to prove that you suffer from a chronic condition and that it was caused or made worse by your service in the Armed Forces.

VA will then evaluate the evidence to determine your disability rating. This is accomplished using a schedule designed by Congress that designates which disabilities are eligible to be compensated and at what percentage.

If VA determines that you have a qualifying disability, they will notify you of this decision in writing and then send the relevant documents to Social Security for processing. If they conclude that you don't have a qualifying disability and the VSO will return the document to you, and you can appeal this decision within a certain time period.

A VA lawyer in Kalamazoo can help you gather the evidence needed 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 regarding your disability.

Meeting with a VSO

A VSO can assist with a range of programs beyond disability compensation, including vocational rehabilitation and employment, home loans, group life insurance, medical benefits including military burial benefits and many more. They will review all of your service records and medical information to find out which federal programs you are eligible for and to fill out 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 disability attorney, 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 of your evidence, they will go over it, and assign the rating of disability depending on the severity of your symptoms. After you have been given a decision by the federal VA, an VSO will discuss with you the ratings and any additional state benefits that you might be entitled to.

The VSO can also assist you to request a hearing with the VA to resolve an issue when you are not satisfied with a decision taken by the federal VA. In the Appeals Modernization Act, there are three "lanes" that can be used to appeal such as a supplemental appeal, higher-level review 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 process can be lengthy and complicated. It could take a one year or more to get a decision, based on the AMA choice you make and whether your case qualifies for priority processing. A veteran disability lawyer can help you determine the best course of action and can file a formal appeal on behalf of you if needed.

There are three options 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 option is best for you. They can also explain the VA disability appeals process to help you know what you can expect.

If you'd like to bypass the DRO review in order to directly go to BVA, then you must submit 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 an individual hearing before the BVA but it isn't mandatory.

A supplemental claim provides you with the chance to submit new and relevant evidence to the VA. This could include medical evidence as well as non-medical evidence such as lay assertions. A lawyer can make these statements, and also obtain independent medical examinations as well as a vocational expert's recommendation on your behalf. If the BVA denies your supplemental claim You can file an appeal to the Court of Appeals for Veterans Claims.