How to File a Veterans Disability Case

Many Veterans Disability Lawyer join military service with health issues that they do not report or treat. They figure they will go away or get better after a while.

As time passes, the problems get worse. They now require assistance from the VA to receive compensation. The VA isn't convinced by the VA.

Getting Started

Many veterans wait for a long time before filing a claim. They might believe they are able to manage the issue or believe that it will go away by itself if they don't seek treatment. For this reason, it is important to start a claim as soon as the symptoms of disability become severe enough. Let the VA know if you plan to file a claim at later time by submitting an intention to file. This will allow for a later effective date, making it easier to recover pay for the time you've already lost due to your disability.

It is important that you include all relevant evidence when you submit your initial claim. Include all medical records from civilian clinics and hospitals pertaining to the injuries or illnesses you are planning to claim and military documents.

Once the VA receives your claim they will review it and seek additional evidence from you and your health medical professionals. Once they have all the data they require, they will schedule an appointment for you to take the Compensation and Pension Exam (C&P) to determine your rating.

It is recommended to complete this in conjunction with your separation physical to ensure that it is documented as a service-connected disability even when the rating is only 0 percent. This will make it much easier to request an increased rating in the future if your condition worsens.

Documentation

It is crucial to provide all the required documentation to your VA disability lawyer in order to receive the benefits to which you are entitled. This can include medical documents, service records as well as letters from friends, relatives or colleagues who understand how your disability affects you.

Your VSO can assist you in gathering the required documentation. This can include medical records from the VA Hospital or a private doctor's report as well as diagnostic tests and other evidence that shows that you have a disabling illness and that your service in the Armed Forces caused or worsened it.

The next step is for VA to review the evidence and determine your disability rating. This is done by using an established schedule by Congress which specifies the types of disabilities that are eligible for compensation and at what percentage.

If VA finds that you qualify for disability benefits, they will notify you in writing of their decision. They will also send all the relevant documents to Social Security. If they find that you don't have a qualifying disability then the VSO returns the form and you are able to appeal the decision within a certain time period.

A VA attorney can help you collect evidence 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 regarding your disability.

Meeting with a VSO

A VSO can assist with a variety of programs, ranging from disability compensation. They offer vocational rehabilitation employment, home loans, and group life insurance. They also can assist with medical benefits as well as military burial benefits. They will look over your medical and service records to determine what federal programs are available to you. They will also fill with the required forms.

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 authorised by law to represent any Veteran, dependent or survivor with a claim for any federal benefit.

Once the VA receives all your evidence, they'll review it, and then give you an assessment of disability in accordance with the severity of your symptoms. A VSO can discuss your rating and other state benefits for which you may be eligible, with you when you receive an answer from the federal VA.

The VSO can also help you request an appointment with the VA to resolve an issue in case you disagree with a decision made 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 will help you determine which appeal or review option is the most appropriate for your particular situation.

Appeal

The VA appeals process is complex and time-consuming. It can take a one year or more to get a decision, based on the AMA option you select and whether your case qualifies for priority processing. An experienced disability attorney can assist you in determining the best path to take and may make an appeal on your behalf, if needed.

There are three options to appeal a denial of benefits to veterans However, each requires different amounts of time. A lawyer can assist you in deciding which one is right for your situation and explain the VA disability appeals procedure so that you know what to expect.

If you wish to skip the DRO review and veterans disability lawyer go directly to the BVA you must file a Form 9 formal appeal and wait for the regional office of your region to transfer your appeal to the Board. The BVA will then issue a Statement of the Case (SOC). You may request an individual hearing before the BVA but it's not required.

A supplemental claim provides an opportunity to present new and relevant evidence to the VA. This includes medical evidence, but also non-medical evidence, such as statements from lay people. An attorney is able to submit these statements on your behalf and also get independent medical examinations and a vocational expert's opinion. If the BVA refuses to accept your supplemental claim you can appeal to the Court of Appeals for veterans disability attorneys Claims.