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How to File a Veterans Disability Case

Many veterans have medical problems after they join the military, but they do not disclose them or treat them. They figure they will disappear or improve after a time.

As time passes the problems get worse. Now they need VA assistance to receive compensation. The problem is that the VA will not believe them.

Getting Started

Many veterans wait for years before filing a claim. They may believe that they can deal with the issue or that it will disappear by itself if they don't seek treatment. This is why it is crucial to file filing a claim as soon the symptoms of disability get serious enough. If you intend to make a claim in the future and you are unsure of the procedure, let the VA know by filing an intent to submit form. This will help you determine an effective date that is more recent and will make it easier to claim your back pay.

It is crucial to include all relevant proof when you submit your initial claim. This includes medical clinics for civilians and hospital records that relate to the illness or injuries you plan to claim, as well as any military records related to your service.

Once the VA receives your claim they will review it and collect additional evidence from you and your health medical professionals. Once they have all the data they require, they will schedule an appointment for you to take the Compensation and Pension Exam (C&P) to determine your eligibility.

It is recommended to complete this prior to your separation physical to ensure it is recorded as a disability that is service-connected, even when the rating is only 0 percent. This will make it much easier to apply for an increase in rating later on if your condition worsens.

Documentation

To receive the benefits you are entitled to, it is vital to give your VA disability lawyer with all the relevant documents. This could include your service records, medical documentation and lay evidence like 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 or a private doctor's report as well as diagnostic tests and other evidence that shows that you are suffering from a condition that is disabling and that your service in the Armed Forces caused or worsened it.

VA will then evaluate the evidence to determine your disability rating. This is done using a schedule drafted by Congress which specifies the types of disabilities that are eligible for compensation and in what percentage.

If VA determines that you qualify for disability benefits, they will notify you in writing of their decision and send all the relevant documents to Social Security. If they find that you don't have a qualifying disability then the VSO will return the document to you and it is possible to appeal the decision within a certain time period.

A VA lawyer in Kalamazoo will assist you with gathering the evidence required for your claim. In addition to medical documentation Our veterans advocate can obtain opinions from independent medical examiners as well as a letter from your VA treating physician on the impact of your disabilities on your life.

Meeting with a VSO

A VSO can assist with a variety of programs that go beyond disability compensation. They can help with vocational rehabilitation as well as employment, home loans and group life insurance. They also can assist with medical benefits as well as military burial benefits. They will go over all of your records from service, and medical information to find out the federal programs you're eligible for and to fill out the necessary paperwork required 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 lawsuits, Servicemembers, and their families. They are authorized by law to represent any Veteran or a dependent or survivor who has a claim to any federal benefit.

After the VA has all your evidence, they will review it and give you a disability score based on the severity of your symptoms. A VSO will discuss your rating and other state benefits for which you may be eligible, after you have received a decision from the federal VA.

The VSO can also assist you to request an hearing with the VA to resolve a problem in case you disagree with a decision made by the federal VA. Under the Appeals Modernization Act, there are three "lanes" that can be used to appeal which include a supplemental claim higher-level review or a Notice of Disagreement to the Board of Veterans Appeals. A VSO will help you determine which appeal or review option is appropriate for your particular situation.

Appeal

The VA appeals process is complicated and time-consuming. Depending on which AMA option is selected and whether or not your case qualifies to be handled in a priority manner and it could take some time to get a final decision. A veteran disability lawyer can help you determine the best route to take and file a formal appeal on behalf of you if required.

There are three options for appealing the denial of veterans' benefits However, each takes a different amount of time. A lawyer can help you determine which one is right for you. They can also explain the VA disability appeals process so that you are aware of what to expect.

If you wish to skip the DRO review and go directly to the BVA you must submit an appeal form 9 formal appeal and wait for your regional office to transfer your case to the Board. The BVA will issue a Statement of Case (SOC). You can request a private hearing before the BVA however, it isn't required.

A supplemental claim provides you with the opportunity to provide fresh and relevant evidence for the VA. This can include medical evidence as well as non-medical evidence like lay statements. A lawyer can submit these statements and obtain independent medical tests as well an expert's opinion from a vocational specialist on your behalf. If the BVA rejects your supplemental claim you may file an appeal to the Court of Appeals for Veterans Claims.