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How to File a Veterans Disability Case

Many veterans join military service with medical issues that they do not report or treat. They believe that they will disappear or improve after a time.

But as time passes, the problems become more severe. Now they require help from the VA to get compensation. The problem is that the VA isn't going to believe them.

Getting Started

Many Veterans Disability Lawyer wait for years before submitting a disability claim. They may feel that they can deal with the issue or believe that it will go away by itself, without treatment. It is essential to file a claim as soon as the symptoms of disability become severe enough. If you plan to submit a claim in the future and you are unsure of the procedure, inform the VA know by filing an intent to submit form. This will help establish a earlier effective date, which will make it easier to get back pay for the time you've missed due to your disability.

It is vital to include all relevant evidence when you file your initial claim. This includes medical clinics for civilians and hospital records regarding the ailments or injuries you intend to claim, as well as any military records pertaining to your service.

The VA will examine your claim and request additional evidence from you and your healthcare providers. Once they have all of the information they require, they will make an appointment with you to take a Compensation and Pension Exam (C&P) in order to determine your rating.

It is recommended to do this in conjunction with your separation physical, so that it is recorded as a service-connected disability, even if the rating is 0%. It will be easier to ask for an increase in rating if your condition worsens.

Documentation

It is crucial to provide all the necessary documentation to your VA disability lawyer in order to get the benefits to which you are entitled. This can include medical documents, service records as well as letters from friends, relatives or coworkers that know how your disability affects you.

Your VSO can assist you with gathering the required documentation. This may include medical records from the VA hospital as well as private physician's reports diagnostic tests, and other evidence to show that you suffer from a disabling condition and that it 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 with a schedule drafted by Congress that outlines which disabilities are compensable and in what percentage.

If VA finds that you have a qualifying disability, they will inform you of their decision in writing, and then send the appropriate documents to Social Security for processing. If they find that you do not have a qualifying impairment, the VSO returns the document and you can appeal the decision within a certain timeframe.

A VA lawyer in Kalamazoo can assist you in gathering the evidence needed to support your claim. In addition to medical documentation our veterans advocate will get opinions from independent medical examiners and a statement from your VA treating doctor on the impact of your disabilities on your life.

Meeting with VSO VSO

A VSO can help with a variety of programs that go beyond disability compensation, including vocational rehabilitation and employment such as home loans and group life insurance, medical benefits, military burial benefits, and more. They will go through your medical and service records to determine which federal programs are available to you and 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 disability lawsuit, Servicemembers, and their families. They are authorized by law to represent a Veteran or their dependents or survivors who has a claim to any federal benefit.

When the VA receives all of your evidence, they will examine the evidence, and then assign the rating of disability in accordance with the severity of your symptoms. A VSO can discuss your ratings and any additional state benefits for which you might be eligible, after you have received an answer from the federal VA.

The VSO can also assist you to request an appointment with the VA to resolve an issue when you are not satisfied with a ruling made by the federal VA. Under the Appeals Modernization Act, there are three "lanes" available for an appeal which include a supplemental claim an additional level review or a notice of disagreement to the Board of Veterans Appeals. A VSO can assist you in deciding which appeal or review option is best for your particular situation.

Appeal

The VA appeals procedure can be complex and long. It can take a one year or more to get a decision, based on the AMA choice you make and if your case is eligible for priority processing. A veteran disability lawyer can help you determine the best path to follow and file a formal appeal on your behalf when necessary.

There are three ways to appeal the denial of veterans' benefits, but each one takes the time in a different way. A lawyer can assist you in deciding which one is appropriate for your situation and explain the VA disability appeals process so that you know what to expect.

If you'd like to bypass the DRO review to submit your case directly to BVA the BVA, then 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 a private hearing before the BVA however it is not required.

A supplemental claim gives you the opportunity to provide fresh and relevant evidence for the VA. This includes medical evidence but also non-medical evidence, such as lay statements. A lawyer can make these statements and obtain independent medical exams as well as a vocational expert's recommendation on your behalf. If the BVA refuses your claim for supplemental benefits, you can submit an appeal to the Court of Appeals for Veterans Claims.