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How to File a Veterans Disability Case

Many veterans go into military service suffering from medical conditions that they don't seek out or treat. They figure they will be cured or disappear after a time.

But years pass and those problems become more severe. Now they need the VA's assistance to receive compensation. The problem is that the VA isn't going to believe them.

Getting Started

Many veterans wait for a long time before making a claim. Many veterans wait years before filing a disability claim. It is crucial to file a claim as soon as the symptoms of disability become severe enough. Let the VA know that you intend to file a claim at an earlier date by submitting an intent to file. This will set a more effective date, which will make it easier to recover money for the time you've already lost due to your disability.

It is crucial to provide all the relevant documentation when you submit your initial claim. This includes the medical clinics of civilians and hospital records pertaining to the illness or injuries you're planning to claim, as well as any military records pertaining to your service.

The VA will examine your claim and gather additional evidence from you and your healthcare providers. Once they have all the evidence they require, they will arrange an appointment for you to take a Compensation and Pension Exam (C&P) to determine your rating.

It is recommended to do this in conjunction with your separation physical so that it is documented as a service-connected disability even if the rating is 0%. It is much easier to request an increase in your rating if your condition becomes worse.

Documentation

It is important that you provide all the required documentation to your VA disability lawyer to be able to claim the benefits to which you are entitled. This can include medical records, service records and letters from friends, relatives or coworkers who know how your disability affects you.

Your VSO can assist you in obtaining the necessary documentation. This may include medical records from the VA hospital, private physician's reports diagnostic tests, and other evidence to show that you have a chronic condition that was caused by or worsened through your service in the Armed Forces.

The next step is for VA to evaluate the evidence and determine your disability rating. This is done using a schedule designed by Congress that specifies which disabilities are eligible to be compensated and in what percentage.

If VA determines that you are eligible for disability benefits, they will notify you in writing of their decision and send all relevant documents to Social Security. If they decide that you do not have a qualifying disability then the VSO will return the document to you, and you can appeal this decision within a specified time.

A VA attorney can help you find evidence to support your claim. Our veterans advocate can obtain medical documentation and opinions from independent medical examiners, as well as a letter from the VA treating physician about your disability.

Meeting with VSO VSO

A VSO can assist with a wide range of programs, ranging from disability compensation. These include vocational rehabilitation as well as employment, home loans and group life insurance. They can also help with medical benefits and military burial benefits. They will look 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 necessary paperwork required to apply.

Many accredited representatives work for VA-accredited/federally chartered veterans service organizations (VSOs), Veterans disability which are private non-profit groups that advocate on behalf of Veterans, Servicemembers, and their families. They are authorized to represent the interests of a Veteran or a dependent with an application for any federal benefit.

After the VA receives all your evidence, they will go over it, and then assign the rating of disability based on your severity of symptoms. Once you receive a decision by the federal VA, a VSO can discuss your ratings with you and any additional state benefits that you might be entitled to.

The VSO can also help you request an appeal to the VA to resolve an issue in the event that you do not agree with a decision of the federal VA. The Appeals Modernization Act provides three "lanes" for an appeal. These include a supplementary claim, or a more thorough review or a written 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 situation.

Appeals

The VA appeals process can be complicated and Veterans Disability time-consuming. Based on which AMA option is selected and if your case is eligible to be processed with priority or not, it could take several months to receive a final decision. A veteran disability lawyer can help you determine the best course of action and may file a formal appeal on your behalf, if necessary.

There are three avenues to appeal the denial of benefits to veterans however each one requires an varying amount of time. A lawyer can assist you in deciding which is best for your particular situation, and also explain the VA disability claims process so you know what to expect.

If you want to skip the DRO review to submit your case directly to BVA the BVA, then complete Form 9 and wait for the regional office to forward the file to the Board. The BVA will issue a Statement Of Case (SOC). You may request a personal hearing before the BVA, but it isn't required.

A supplemental claim provides you with the opportunity to provide fresh and relevant evidence to the VA. This can include medical evidence and non-medical evidence such as lay assertions. A lawyer can make these statements and request independent medical examinations as well an opinion of a vocational expert on your behalf. If the BVA rejects your supplemental claim You can file an appeal to the Court of Appeals for veterans disability lawyer Claims.