How to File a Veterans Disability Case

Many veterans enter military service with health issues that they don't seek out or treat. They believe that they will disappear or improve after a time.

As time passes, the problems become more severe. Now they need the VA's assistance to get compensation. The problem is that the VA won't believe them.

Getting Started

Many veterans have to wait for years before making an claim. Many veterans wait for years before making a claim for disability. It is important to start filing a claim as soon the symptoms of disability become severe enough. Let the VA be aware if you are planning to file your claim at later dates by submitting an intention to file. This will enable you to establish an earlier effective date and will make it easier for you to receive your back pay.

It is vital to provide all the relevant documentation when you file your initial claim. You should include all medical records from hospitals and clinics related to the ailments or injuries you're planning to file a claim for, and military records.

The VA will examine your claim and obtain additional evidence from you and your healthcare providers. Once they have all the information they require, they will schedule an appointment for you to take an examination called a Compensation and Pension (C&P) to determine your rating.

It is recommended to complete this as a part of your separation physical so that it is recognized as a service-connected disability, even in the event that the rating is 0 percent. This will make it much simpler to obtain an increase in your rating in the event that your condition gets worse.

Documentation

In order to obtain the benefits you are entitled to, it is vital that you provide your VA disability lawyer with all the relevant documents. This could include your service records, medical documentation and lay evidence such as letters from relatives, friends members or coworkers who know how your disabilities affect you.

Your VSO can assist you in gathering the required documentation. This could include medical records from the VA Hospital as well as a private physician's note or diagnostic tests, and other evidence that proves that you are suffering from a condition that is disabling and that your participation in Armed Forces caused or worsened it.

The next step is for VA to examine the evidence and determine your disability rating. This is done with an established schedule by Congress that outlines the types of disabilities that are eligible for compensation and in what percentage.

If VA finds that you qualify for disability benefits, they will inform you in writing of their decision and send all the necessary documents to Social Security. If they find that you don't have a qualifying impairment, the VSO returns the document and you can appeal the decision within a specified time frame.

A VA lawyer in Kalamazoo can help you gather the evidence required for your claim. In addition, to medical documentation, our veterans advocate can get opinions from independent medical examiners as well as a letter from your VA treating physician regarding the impact of your disability on your life.

Meeting with a VSO

A VSO can assist with a myriad of programs beyond disability compensation, including vocational rehabilitation and employment, home loans, group life insurance medical benefits, military burial benefits, and more. They will go through your medical records and service records to determine the federal programs available to you and fill in the required paperwork.

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 to represent any Veteran or a dependent with claims for any federal benefit.

Once the VA receives all of your evidence, they'll review it, and then give you the disability rating in accordance with the severity of your symptoms. Once you receive a decision by the federal VA, the VSO will be able to discuss with you the ratings and any additional state benefits that you may be entitled to.

The VSO can help you request an hearing with the VA in the event that you are dissatisfied with a decision of the federal VA. Under the Appeals Modernization Act, there are three "lanes" that can be used to appeal such as a supplemental appeal, higher-level review or a Notice of Disagreement to the Board of Veterans Appeals. A VSO can help you decide which appeal or review option is best for your situation.

Appeals

The VA appeals process is complex and lengthy. Depending on the AMA route is chosen and whether or not your case is eligible to be handled in a priority manner this could mean it takes several months to receive a final decision. A veteran disability lawyer can assist you in determining the best path to take and may file an appeal on your behalf if required.

There are three different ways to appeal a denial of benefits to veterans disability law firms, but each takes different amounts of time. A lawyer can help you decide which option is best for you. They can also explain the VA disability appeals process to help you know what to expect.

If you'd like to skip 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 issue a Statement of Case (SOC). You can request a private hearing before the BVA however it is not required.

A supplemental claim provides you with the chance to submit new and relevant evidence to the VA. This includes medical proof, but also non-medical evidence such as declarations from laypeople. A lawyer can submit these statements and request independent medical exams as well as a vocational expert's recommendation on your behalf. If the BVA declines your supplemental claim You can file an appeal to the Court of Appeals for Veterans Claims.