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How to File a Veterans Disability Case

Many veterans enter military service suffering from medical conditions which they don't report or treat. They think that they'll go away or get better after a while.

But as time passes, the problems get worse. Now, they require the VA's assistance to obtain compensation. The problem is that the VA will not believe them.

Getting Started

Many veterans wait for years before submitting a disability claim. Many veterans wait for years before making a claim for disability. It is essential to file a claim when the symptoms of disability become serious enough. Let the VA know if you intend to file a claim at later dates by submitting an intent to file. This will help you establish an earlier effective date and make it easier to get your back pay.

It is vital to include all relevant proof when you file your initial claim. Include all medical records from hospitals and clinics related to the ailments or injuries you intend to claim, as well as military records.

Once the VA receives your claim, they will review it and gather additional evidence from you and your health medical professionals. Once they have all of the information they require, they'll arrange an appointment for you to take an exam for Compensation and Pension (C&P) in order to determine your eligibility.

It is recommended to do this in parallel with your separation physical to ensure it is recognized as a disability that is service-connected, even if the rating is 0%. It is easier to ask for an increase in rating if your condition gets worse.

Documentation

It is essential to provide all the necessary documentation to your VA disability lawyer in order to receive the benefits to which you are entitled. This can include medical records, service records and letters from relatives, friends or coworkers who are aware of the impact of your disability on you.

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

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

If VA determines that you are eligible for disability benefits, they will inform you in writing of their decision and forward all the necessary documents to Social Security. If they find that you do not have a qualifying disability, the VSO will return the documents to you and it is possible to appeal the decision within a certain time period.

A VA attorney can help you collect evidence to support your claim. Our veterans disability lawyers advocate can also get medical documents and opinions from independent medical examiners, as well as a letter from the VA treating doctor about your disability.

Meeting with a VSO

A VSO can assist with a variety of programs, ranging from disability compensation. These include vocational rehabilitation and employment, home loan and group life insurance. They also can assist with medical benefits as well as military burial benefits. They will go over all of your service records, and medical information to find out what federal programs you're eligible for and to fill out the required 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 legally able to represent any Veteran, dependent or survivor with a claim for any federal benefit.

Once the VA has all of your evidence, they'll review it and assign a disability rating based on the severity of your symptoms. Once you receive a decision by the federal VA, an VSO will discuss with you your ratings 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 a problem 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 such as a supplemental appeal, an upper-level review, or an appeal to the Board of Veterans Appeals. A VSO can assist you in determining which appeal or review option is the most appropriate for your particular situation.

Appeal

The VA appeals process can be complicated and lengthy. It could take up to a time of up to a year before you receive a decision, based on the AMA choice you make and if your case qualifies for priority processing. An experienced disability attorney can help you decide the best path to take and may make an appeal on your behalf, if needed.

There are three options to appeal a Veterans Benefits denial, but each takes different amounts of time. A lawyer can help you decide which one is right for you and will explain the VA disability appeals process to help you know what to expect.

If you'd like to bypass the DRO review in order to go directly to BVA the Board, you must submit 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 isn't mandatory.

A supplemental claim provides you with the opportunity to provide new and relevant evidence for the VA. This could include medical evidence, but also non-medical proof such as lay statements. Lawyers can submit these statements, and also obtain independent medical examinations as well an expert's opinion from a vocational specialist on your behalf. If the BVA refuses your claim for supplemental benefits You can file an appeal to the Court of Appeals for Veterans Claims.