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How to File a Veterans Disability Case

Many veterans disability law firm have medical issues after they join the military, but they don't disclose them or treat them. They think they'll be cured or disappear after a while.

As the years go by and the conditions continue to get worse. Now they need help from the VA to get compensation. The problem is that the VA won't accept their claims.

Getting Started

Many veterans wait years before filing a claim for disability. They may feel that they can manage the issue or think it will disappear by itself, without treatment. It is crucial to file a claim when the symptoms of disability become severe enough. Let the VA know if you plan to file your claim at later dates by submitting an intent to file. This will allow you to determine an earlier effective date and make it easier for you to claim your back pay.

When you file your initial claim, it is crucial to provide all evidence relevant. You should include all medical records from civilian clinics and hospitals pertaining to the injuries or illnesses you plan to claim and military documents.

Once the VA receives your claim they will examine it and gather additional evidence from you and your health care providers. Once they have the information they need, they will arrange for you to take an examination for compensation and pension (C&P) to determine your rating.

This should be done in conjunction with the separation physical so that your condition is recognized as service-connected even if it is 0 percent. This will make it much easier to file for an increase in your rating in the event that your condition gets worse.

Documentation

It is crucial to provide all the necessary documentation to your VA disability lawyer in order to receive the benefits to which you are entitled. This may include service records, medical documentation and other evidence of a lay nature, such as letters from relatives, friends members or colleagues who know the impact of your disabilities on you.

Your VSO can assist you in gathering the required documentation. This can include medical records from the VA Hospital as well as a private physician's note and diagnostic tests, as well as other evidence that shows that you are suffering from a condition that is disabling 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 created by Congress that determines the disabilities that are eligible for compensation and in what percentage.

If VA determines that you are eligible for disability benefits, they will notify you in writing of their decision and forward all relevant documents to Social Security. If they find that you don't have a qualifying disability The VSO returns the documents and you have the option to appeal the decision within a specific time period.

A VA attorney in Kalamazoo can help you gather the evidence you need to support your claim. Our veterans advocate can obtain medical documentation and opinions from independent medical examiners and also a statement from the VA treating physician about your disability.

Meeting with a VSO

A VSO can help with a myriad of programs that go beyond disability compensation, such as vocational rehabilitation and employment home loans and group life insurance, medical benefits and military burial benefits and many more. They will look over all of your records from service, and medical information, to find out which federal programs you're qualified for and will fill out the necessary paperwork 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 lawyers, Servicemembers, and their families. They are authorized to represent a Veteran or dependent with a claim of any federal benefit.

When the VA has all the evidence, they will go through it and give you a disability score based on the severity of your symptoms. A VSO can discuss your ratings as well as any other state benefits to which you might be eligible with you once you receive an answer from the federal VA.

The VSO can also help you request an appeal to the VA to resolve an issue in case you disagree with a decision made by the federal VA. Under the Appeals Modernization Act, there are three "lanes" available for an appeal: a supplemental claim, higher-level review or a Notice of Disagreement with the Board of Veterans Appeals. A VSO can assist you in determining which appeal/review option is best for your particular situation.

Appeal

The VA appeals process can be complex and lengthy. Based on which AMA route is chosen and if your case qualifies to be processed with priority or not, it could take several months to receive a final decision. A veteran disability lawyer can assist you in determining the best way to proceed and file an appeal on your behalf in the event of a need.

There are three different ways to appeal a Veterans Benefits denial, but each takes different amounts of time. A lawyer can help decide the best option for your particular situation, and explain the VA disability claims process so you are aware of what you can expect.

If you'd like to bypass the DRO review for you to directly submit your case to BVA, then you must submit Form 9 and wait for the regional office to forward the file to the Board. The BVA will then issue an Statement of Case (SOC). You can request a private hearing before the BVA, but it is not required.

A supplemental claim gives you the opportunity to provide new and relevant evidence to the VA. This includes medical proof, but also non-medical evidence like declarations from laypeople. A lawyer can submit these statements and get independent medical examinations aswell an opinion of a vocational expert on your behalf. If the BVA rejects your supplemental claim, you can submit an appeal to the Court of Appeals for Veterans Disability law Firms Claims.