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How to File a Veterans Disability Case

Many veterans go into military service with medical issues that they don't seek out or treat. They think that the problem will go away after a time or improve.

But as time passes, the problems get worse. Now they need 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 filing an claim. Many veterans disability attorney wait for years before filing a disability claim. It is important to file a claim when the symptoms of disability are severe enough. If you plan to pursue a claim in future then inform the VA know by submitting an intent to submit form. This will allow you to establish an effective date that is more recent and will make it easier to claim your back pay.

When you file the initial claim, it's important to include all relevant evidence. Include all medical records from civilian hospitals and clinics that pertain to the illnesses or injuries you intend to claim, and military records.

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

This must be done in tandem with the separation physical so that your condition is categorized as service-connected even if the disability is not a percent. It is easier to request an increase in rating in the event that your condition gets worse.

Documentation

It is essential to provide all the required documentation to your VA disability lawyer to be able to claim the benefits to which you are entitled. This may include service records, medical documentation and even lay evidence, such as letters from relatives, friends members or coworkers who know the impact of your disabilities on you.

Your VSO can help you gather the necessary documentation. This may include medical records from the VA hospital, private physician's reports or diagnostic tests as well as other evidence to prove that you suffer from a disabling condition that was caused or worsened by 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 drafted by Congress that defines which disabilities are compensable and at what percentage.

If VA finds that you suffer from a qualifying disability, they will inform you of this decision in writing, and then send the relevant documents to Social Security for processing. If they find that you do not have a qualifying disability and the VSO will return the documents to you and they will allow you to appeal the decision within a specified time.

A VA lawyer can assist you to collect evidence to support your claim. In addition to medical records Our veterans advocate can seek opinions from independent medical examiners and a letter from your VA treating doctor regarding the impact of your disability on your daily life.

Meeting with VSO VSO

A VSO can assist with a variety of programs, which extend beyond disability compensation. They offer vocational rehabilitation employment, home loans, and group life insurance. They can also help with medical benefits and burial benefits. They will examine your medical records and service records to determine the federal programs available to you and then 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, Servicemembers, and their families. They are legally authorized to represent the interests of a Veteran, dependent or survivor who has a claim to any federal benefit.

When the VA has all your evidence, they'll review it and determine a disability rating according to the severity of your symptoms. A VSO can discuss your ratings, and additional state benefits for which might be eligible, with you once you receive a decision from the federal VA.

The VSO can assist you in requesting an interview with the VA if you disagreed with a decision made by the federal VA. In the Appeals Modernization Act, there are three "lanes" that can be used to appeal that includes a supplemental claim, an additional level review or an appeal to the Board of Veterans Appeals. A VSO can help you decide which appeal or review options are appropriate for your particular situation.

Appeal

The VA appeals process is complex and time-consuming. It could take a full year or longer to receive a decision, depending on the AMA route you choose and if your case is eligible for priority processing. A veteran disability lawyer can assist you in determining the best route to take and can make an appeal on your behalf in the event of a need.

There are three ways to appeal the denial of benefits to veterans however each one requires different amounts of time. A lawyer can help you determine the best option for your situation and explain the VA disability appeals process so that you know what you can expect.

If you want to forgo the DRO review and go directly to the BVA you must file a Form 9 formal appeal and wait for the regional office in your area to transfer your case 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 mandatory.

A supplemental claim gives you the opportunity to provide new and relevant evidence to the VA. This can include medical evidence, but also non-medical evidence like declarations from laypeople. Lawyers can present these statements, and also obtain independent medical exams as well an expert's opinion from a vocational specialist on your behalf. If the BVA refuses to accept your supplemental claim you can appeal to the Court of Appeals for Veterans Claims.