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How to File a Veterans Disability Case

Many veterans go into military service with health issues which they don't report or treat. They think they'll go away or get better after a time.

However, as time goes by, those problems become more severe. Now they require help from the VA to get compensation. The VA does not believe the VA.

Getting Started

Many Veterans disability lawyer have to wait for years before filing an claim. Many veterans wait years before filing a disability claim. This is why it is essential to initiate a claim as soon as the symptoms of disability become serious enough. If you are planning to make a claim in the future then let the VA be aware by submitting an intent to submit form. This will allow you to establish a more recent effective date and will make it easier for you to receive your back pay.

It is vital to include all relevant proof when you submit your initial claim. Include all medical records from civilian clinics and hospitals pertaining to the injuries or illnesses you're planning to file a claim for, as well as military records.

When the VA accepts your claim they will review it and collect additional evidence from you and your health healthcare providers. Once they have all the evidence they require, they'll schedule an appointment for you to take an exam for Compensation and Pension (C&P) to determine your eligibility.

This should be done in parallel with the separation physical, so that your condition is recorded as service-connected even if it's not%. It will be easier to ask for an increase in your rating if your condition becomes worse.

Documentation

It is essential to submit all the documentation required to your VA disability lawyer in order to get the benefits to which you are entitled. This can include medical documents, service records and letters from friends, relatives or coworkers that know the impact of your disability on you.

Your VSO can assist you in obtaining the required documentation. This could include medical records from the VA Hospital or a private doctor's report and diagnostic tests, as well as other evidence to prove that you have a debilitating illness 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 defines which disabilities are eligible for compensation and at what percentage.

If VA determines that you have a qualifying disability, they will inform you of this decision in writing and send the relevant documents to Social Security for processing. If they find 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 in Kalamazoo will assist you with gathering the evidence required for your claim. In addition, to medical documentation, our veterans disability lawyer advocate can seek opinions from independent medical examiners as well as a letter from your VA treating physician on the impact of your disabilities on your life.

Meeting with VSO VSO

A VSO can help with a myriad of programs beyond disability compensation, such as vocational rehabilitation and employment such as home loans, group life insurance medical benefits and military burial benefits and many more. They will review all of your service records and medical information, to find out the federal programs you're eligible for and then 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, Servicemembers, and their families. They are authorized by law to represent the interests of a Veteran or dependent who has a claim to any federal benefit.

Once the VA receives all the evidence, they will examine the evidence, and then assign the disability rating based on your severity of symptoms. A VSO can discuss your rating and other state benefits, for which you might be eligible with you when you receive an answer from the federal VA.

The VSO can assist you in requesting an appointment with the VA if you disagreed with a decision by the federal VA. The Appeals Modernization Act provides three "lanes" for appeals. They are a supplementary claim or a higher-level review or a written notice of disagreement to the Board of Veterans Appeals. A VSO can assist you in determining which appeal/review option is best for your particular situation.

Appeals

The VA appeals process can be complicated and lengthy. It could take a year or more to receive the outcome, depending on the AMA route you choose and whether your case qualifies for priority processing. A veteran disability lawyer can assist you in determining the best route to take and can file a formal appeal on your behalf if needed.

There are three avenues to appeal the denial of veterans' benefits, but each one takes the time in a different way. A lawyer can help you decide the best option for your case, and also explain the VA disability claims process to help you understand what to expect.

If you wish to bypass the DRO review in order for you to directly submit your case to BVA the Board, you must complete Form 9 and wait for the regional office to transfer the file to the Board. The BVA will then issue an Statement of Case (SOC). You can request an individual hearing before the BVA but it's not a requirement.

A supplemental claim provides you with the opportunity to provide fresh and relevant evidence to the VA. This includes medical evidence, but also non-medical evidence, such as statements made by laypeople. An attorney is able to submit these statements on your behalf and also obtain independent medical examinations and a vocational expert's opinion. If the BVA declines your supplemental claim you can submit an appeal to the Court of Appeals for Veterans Claims.