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How to File a Veterans Disability Case

Many veterans join military service with medical issues that they don't report or treat. They think that the problem will disappear after a period of time or improve.

However, as time goes by, those problems become more severe. Now they need the VA's assistance to receive compensation. The VA does not believe in the VA.

Getting Started

Many veterans wait for years before filing a claim for disability. They might believe that they are able to handle the problem or that it will disappear by itself without treatment. For this reason, it is essential to initiate an application as soon as the symptoms of disability become severe enough. Let the VA be aware if you are planning to file your claim at an earlier date by submitting an intent to file. This will help establish a earlier effective date, which will make it easier to recover money for the time you have already missed due to your disability.

It is important that you provide all the relevant documentation when you file your initial claim. It is essential to include all medical records from clinics and hospitals pertaining to the injuries or illnesses you intend to claim, and military records.

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

This should be done in parallel with the separation physical, so that your disability is recognized as service-connected even if it is 0 percent. This will make it easier to apply for an increased rating later should your condition get worse.

Documentation

In order to obtain the benefits you are entitled to, it's essential to provide your VA disability lawyer with all relevant documents. This can include medical documents, service records, and letters from relatives, friends or coworkers who know the impact of your disability on you.

Your VSO can assist you in obtaining the required documentation. This can include medical records from the VA Hospital as well as a private physician's note as well as diagnostic tests and other evidence that proves you have a disabling illness and that your service in Armed Forces caused or worsened it.

The next step is for VA to assess the evidence and determine your disability rating. This is accomplished by using an established schedule by Congress that outlines which disabilities are compensable and in what percentage.

If VA determines that you qualify for disability benefits, they will inform you in writing of their decision. They'll also send all the necessary documents to Social Security. If they decide that you don't have a qualifying disability, the VSO will return the document to you and the decision is yours to appeal within a specified time.

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

Meeting with VSO VSO

A VSO can assist with a myriad of programs, which extend beyond disability compensation. These include vocational rehabilitation as well as employment, home loans and group life insurance. They can also help with medical benefits and burial benefits. They will look over all of your documents from your military service, and medical information to find out what federal programs you're eligible for and 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, Servicemembers, and their families. They are authorized to represent a Veteran or a dependent with a claim of any federal benefit.

After the VA receives all your evidence, they will go over the evidence, and then assign an assessment of disability based on your severity of symptoms. A VSO can discuss your rating and any additional state benefits for which may be eligible, with you once you receive an answer from the federal VA.

The VSO can help you request an interview with the VA if you disagreed with a decision of the federal VA. The Appeals Modernization Act provides three "lanes" for an appeal. These are a supplemental claim or a review at a higher level or a notice of disagreement to the Board of veterans disability attorney Appeals. A VSO can help you decide the best appeal/review option for your situation.

Appeals

The VA appeals procedure is complicated and lengthy. Depending on the AMA route is chosen and whether or not your case qualifies to be treated with priority this could mean it takes several months to receive a final decision. A veteran disability lawyer can help you determine the best course of action and can file a formal appeal on your behalf when necessary.

There are three different ways to appeal a denial of veterans benefits however each one takes different amount of time. A lawyer can help you decide which one is appropriate for your case and can explain the VA disability appeals procedure so that you understand what to expect.

If you want to skip the DRO review to go directly to BVA then you must complete Form 9 and wait for the regional office to forward the file to the Board. The BVA will then issue an Statement of Case (SOC). You can request a private hearing before the BVA, but it is not required.

A supplemental claim is an opportunity to present new and relevant evidence to the VA. This includes medical evidence but also non-medical evidence such as lay statements. An attorney can make these statements on behalf of you and also obtain independent medical exams and a vocational expert's opinion. If the BVA denies your claim, you can appeal to the Court of Appeals for Veterans Claims.