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How to File a Veterans Disability Case

Many veterans who join the military with medical issues which they don't report or treat. They believe that they will go away or get better after a while.

As time passes as time passes, the issues get worse. Now they need help from the VA to receive compensation. The problem is that the VA won't accept their claims.

Getting Started

Many veterans wait for years before making an claim. Many veterans wait years before making a claim for disability. It is essential to file a claim when the symptoms of disability become severe enough. Let the VA know if you intend to make a claim at an earlier date by submitting an intention to file. This will establish an earlier effective date, which will make it easier to recover your money for time you've already lost due to your disability.

When you file the initial claim, it's important to provide all evidence relevant. This includes civilian medical clinic and hospital records pertaining to the illnesses or injuries you plan to claim, as well any military records related to your service.

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 information they require, they will set up an appointment to take the Compensation and Pension Exam (C&P) in order to determine your rating.

It is recommended to complete this prior to your separation physical so that it is recognized as a disability resulting from service, even if the rating is 0 percent. This will make it much simpler to obtain an increase in rating later on when your condition becomes worse.

Documentation

It is crucial to supply all the necessary documentation to your VA disability lawyer to be able to claim 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 the impact of your disability on you.

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

The next step is for VA to assess the evidence and determine your disability rating. This is accomplished using a schedule drafted by Congress that determines which disabilities are eligible to be compensated and at 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 conclude that you don't have a qualifying disability and the VSO will return the document to you and they will allow you to appeal the decision within a specific time.

A VA attorney can help you get the evidence you need to prove your claim. Our veterans advocate can get medical documents and opinions from independent medical examiners, as well as a statement from the VA treating physician regarding your condition.

Meeting with a VSO

A VSO can assist with a variety of programs beyond disability compensation, including vocational rehabilitation and employment, home loans, group life insurance medical benefits including military burial benefits and more. They will review all of your service records, and medical records to figure out which federal programs you're eligible for and to complete 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 disability lawyer, Servicemembers, and their families. They are authorised by law to represent the interests of a Veteran or a dependent or survivor who has a claim to any federal benefit.

When the VA receives all the evidence, they will examine it, and then give you the rating of disability depending on the severity of your symptoms. A VSO will discuss your rating as well as any other state benefits to which you may be eligible, with you once you receive an answer from the federal VA.

The VSO can help you request an appointment with the VA in the event you disagree with a ruling of the federal VA. Under the Appeals Modernization Act, there are three "lanes" available for an appeal that includes a supplemental claim, an upper-level review, or a Notice of Disagreement to the Board of Veterans Appeals. A VSO can help you decide which appeal/review options are best for your particular situation.

Appeals

The VA appeals process can be lengthy and complicated. It could take up to a year or more to receive a decision, depending on the AMA lane you choose and whether your case is eligible for priority processing. A veteran disability lawyer can help you determine the best path to follow and can file a formal appeal on behalf of you if needed.

There are three options to appeal a denial of veterans disability benefits However, each requires different amounts of time. A lawyer can help you determine which option is the best for your situation, and explain the VA disability claims process so that you know what to expect.

If you want to forgo the DRO review and instead go directly to the BVA You must submit a Form 9 formal appeal and wait for the regional office in your area to transfer your 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 required.

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