How to File a Veterans Disability Case

Many veterans suffer from medical issues when they join the military, but do not declare them or address them. They believe that they will be cured or disappear after a time.

As time passes, these problems continue to get worse. 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 wait years before submitting a disability claim. They may believe that they can deal with the issue or that it will disappear by itself, without treatment. It is crucial to file a claim when the symptoms of disability get severe enough. Let the VA know that you intend to file your claim at an earlier date by submitting an intention to file. This will help you establish a more recent effective date and make it easier to claim your back pay.

When you file the initial claim, it is important to provide all evidence relevant. You should include all medical records from civilian hospitals and clinics that pertain to the injuries or illnesses you intend to claim, as well as military records.

Once the VA has received your claim, they will review it and collect additional evidence from you and your health healthcare providers. Once they have all the data they require, they'll set up an appointment to take a Compensation and Pension Exam (C&P) to determine your eligibility.

This must be done in tandem with the separation physical, so that your condition is recognized as service-connected even if the disability is not a percent. This will make it much easier to apply for an increase in your rating if your condition worsens.

Documentation

It is important that you supply all the necessary documentation to your VA disability lawyer in order to get the benefits to which you are entitled. This can include medical records, service records and lay evidence such as letters from family, friends members or coworkers who know how your disabilities affect 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 or diagnostic tests as well as other evidence to show that you suffer from a chronic condition that was caused or worsened by your time in the Armed Forces.

VA will then examine the evidence to determine your disability rating. This is done by using an established schedule by Congress that defines which disabilities are compensable and in 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 appropriate documents to Social Security for Norwood Veterans Disability Lawyer processing. If they find that you do not have a qualifying impairment then the VSO returns the document and you can appeal the decision within a predetermined period of time.

A VA attorney can help you collect evidence to support your claim. In addition to medical documentation, our Norwood veterans Disability lawyer advocate can seek opinions from independent medical examiners as well as an opinion from your VA treating doctor on the impact of your disability on your daily life.

Meeting with a VSO

A VSO can assist with a variety of programs beyond disability compensation, such as vocational rehabilitation and employment home loans, group life insurance medical benefits and military burial benefits and many more. They will look over all of your records from service, and medical information, to find out which federal programs you are eligible for and then fill out the necessary paperwork required to apply.

Many accredited representatives work for VA-accredited/federally chartered veterans disability lawsuit service organizations (VSOs), which are private non-profit groups that advocate on behalf of Veterans, Servicemembers, and their families. They are authorized to represent the interests of a Veteran or dependent with claims for any federal benefit.

When the VA has all of your evidence, they'll review it and determine a disability classification according to the severity of your symptoms. If you are granted a decision by the federal VA, you will be contacted by a VSO will discuss with you your rating and any other state benefits you may be entitled to.

The VSO can help you request an hearing with the VA if you disagreed with a decision by the federal VA. Under the Appeals Modernization Act, there are three "lanes" available for an appeal which include a supplemental claim 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.

Appeal

The VA appeals process is complicated and lengthy. Based on which AMA route is chosen and whether or not your case qualifies to be considered prioritised or not, it could take a long time to receive an answer. A veteran disability lawyer can help you determine the best path to follow and may file a formal appeal on your behalf, if necessary.

There are three avenues to appeal the denial of veterans' benefits Each one of them requires a different amount of time. A lawyer can assist you in deciding the best option for you. They can also explain the VA disability appeals process to help you know what you can expect.

If you'd like to bypass the DRO review to submit your case directly to BVA the Board, you must complete Form 9 and wait for the regional office to forward the file to the Board. The BVA will issue a Statement Of Case (SOC). You can request a personal hearing before the BVA but it is not mandatory.

A supplemental claim provides you with the chance to submit new and relevant evidence for the VA. This includes medical evidence but also non-medical evidence such statements made by laypeople. Lawyers can submit these statements, and also obtain independent medical tests as well an opinion of a vocational expert on your behalf. If the BVA denies your claim, you can appeal to the Court of Appeals for Veterans Claims.