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How to File a Veterans Disability Case

Many veterans disability compensation suffer from medical issues after they join the military, but do not reveal them or treat them. They believe that the issues will disappear after a while or get better.

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

Getting Started

Many veterans are waiting for years before submitting a disability claim. Many veterans disability attorney wait years before filing a disability claim. It is crucial to file a claim as soon as the symptoms of disability are severe enough. Let the VA know if you plan to file a claim on later time by submitting an intent to file. This will help establish a earlier effective date, which will make it easier to recover pay for the time you've missed out on because of your disability.

When you file the initial claim, you need to include all relevant evidence. This includes civilian medical clinic and hospital records related to the illness or injuries you are planning to claim as well as any military records pertaining to your service.

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

It is recommended to complete this prior to your separation physical, so that it is recorded as a service-connected disability, even in the event that the rating is 0%. It is easier to request an increase in rating if your condition worsens.

Documentation

To be able to claim the benefits you are entitled to, it's essential that you provide your VA disability lawyer with all of the relevant documentation. This can include medical documents, service records and letters from family members, friends or coworkers that know how your disability affects you.

Your VSO can assist you in obtaining the required documentation. This could include medical records from the VA hospital or private physician's report as well as diagnostic tests and other evidence to show that you suffer from a debilitating condition that was caused or worsened due to your service in the Armed Forces.

VA will then evaluate the evidence to determine your disability rating. This is done with an established schedule by Congress which defines which disabilities are compensable and in what percentage.

If VA finds that you suffer from a qualifying disability, they will notify you of their decision in writing and send the appropriate documents to Social Security for processing. If they conclude 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 attorney in Kalamazoo will assist you with gathering the evidence needed for your claim. Our veterans disability settlement advocate can obtain medical records and opinions from independent medical examiners, and a written statement from the VA treating physician regarding your disability.

Meeting with a VSO

A VSO can help with a variety of programs beyond disability compensation, including vocational rehabilitation and employment such as home loans, group life insurance medical benefits including military burial benefits and more. They will go through your medical and service records to determine what federal programs are 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 veterans disability Case dependent who is the claim of any federal benefit.

After the VA has all your evidence, they will review it and determine a disability rating according to the severity of your symptoms. A VSO can discuss your rating as well as any other state benefits, for which you could be eligible, with you when you receive an answer from the federal VA.

The VSO can also help you request a hearing with the VA to resolve a problem in the event that you do not agree with a decision taken by the federal VA. The Appeals Modernization Act provides three "lanes" for appeals. These include a supplementary claim, Veterans disability case or a more thorough review, or a notice of disagreement to the Board of veterans disability claim Appeals. A VSO can assist you in deciding which appeal/review options are best for your particular situation.

Appeals

The VA appeals process can be lengthy and complicated. Depending on the AMA choice is made and if your case is eligible to be treated with priority this could mean it takes an extended time to receive a final decision. A veteran disability lawyer can help you determine the best course of action and can also file an official appeal on your behalf when needed.

There are three ways to appeal the denial of benefits to veterans disability compensation Each one of them requires the time in a different way. A lawyer can help you decide which option is best for your case and can explain the VA disability appeals process to help you know what to expect.

If you decide to forgo the DRO review and instead go directly to the BVA You must submit a Form 9 formal appeal and wait for the regional office in your area to transfer your file to the Board. The BVA will issue a Statement Of Case (SOC). You can request an individual hearing before the BVA but it's not required.

A supplemental claim provides an opportunity to present new and relevant evidence to the VA. This can include medical evidence, but also non-medical evidence like lay statements. A lawyer can submit these statements and get independent medical tests as well an opinion of a vocational expert on your behalf. If the BVA declines your supplemental claim you may file an appeal to the Court of Appeals for Veterans Claims.