How to File a
Veterans Disability Case
Many
veterans disability lawyers have medical issues after they join the military, but do not disclose them or treat them. They think that the problems will go away after a while or get better.
As time passes and the conditions get worse. Now, they need help from the VA to receive compensation. The problem is that the VA will not believe them.
Getting Started
Many veterans wait for years before filing a disability claim. They may believe they are able to manage the issue or
veterans disability think it will disappear on its own without treatment. For this reason, it is crucial to file a claim as soon as the disability symptoms become serious enough. If you plan to pursue a claim in future then inform the VA be aware by submitting an intent to file form. This will enable you to establish an effective date that is more recent and make it easier to receive your back pay.
It is crucial to provide all the relevant documentation when you file your initial claim. You should include all medical records from civilian hospitals and clinics pertaining to the ailments or injuries you intend to claim, as well as military documents.
The VA will review your claim and collect additional evidence from you and your healthcare providers. Once they have the data they need, they will schedule you for an examination to determine your compensation and pension (C&P) to help them decide your rating.
It is best to do this in conjunction with your separation physical so that it is documented as a service-connected disability, even when the rating is only 0 percent. It will be much easier to request an increase in rating should your condition gets worse.
Documentation
To be able to claim the benefits you are entitled to, it is vital that you give your VA disability lawyer with all the relevant documents. This could include medical records, service records and lay evidence like letters from family members, friends members or colleagues who know how your disabilities affect you.
Your VSO can assist you in gathering the necessary documentation. This could include medical records from the VA hospital as well as private physician's reports as well as diagnostic tests and other evidence to show that you have a chronic condition that was caused by or worsened by your time in the Armed Forces.
VA will then assess the evidence to determine your disability rating. This is done with a schedule drafted by Congress that designates which disabilities are eligible for compensation and at what percentage.
If VA decides that you are eligible for disability benefits, they will notify you in writing of their decision. They'll also send all the necessary documents to Social Security. If they decide that you do not have a qualifying disability and the VSO will return the document to you, and you can appeal this decision within a certain time period.
A VA attorney in Kalamazoo can assist you in gathering the evidence required for your claim. Our veterans advocate can also collect medical documentation and opinions from independent medical examiners, and also a statement from the VA treating physician about your condition.
Meeting with a VSO
A VSO can help with a myriad of programs that go beyond disability compensation. They offer vocational rehabilitation as well as employment, home loans and group life insurance. They can also help with medical benefits as well as military burial benefits. They will look over all of your service records, and medical records to figure out which federal programs you are eligible for and complete the required 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 legally authorized to represent a Veteran or their dependents or survivors with a claim for any federal benefit.
Once the VA has all your evidence, they will evaluate it and determine a disability classification based on the severity of your symptoms. A VSO will discuss your rating and any additional state benefits, for which you could be eligible, after you have received an answer from the federal VA.
The VSO can also assist you to request an appeal to the VA to resolve a problem in the event that you do not agree with a decision taken 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 with the Board of Veterans Appeals. A VSO can help you decide which appeal/review options are best for your situation.
Appeal
The VA appeals process can be complicated and time-consuming. It can take a year or longer to receive a decision, depending on the AMA lane you choose and whether your case is eligible for priority processing. A veteran disability lawyer can help you determine the best course of action and may file a formal appeal on your behalf when necessary.
There are three ways to appeal a denial of benefits to veterans, but each takes different amounts of time. A lawyer can help you decide which is best for your particular situation, and also explain the VA disability claims process so that you know what to expect.
If you want to skip the DRO review in order for you to directly submit your case 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 an individual hearing before the BVA but it isn't mandatory.
A supplemental claim provides an chance to present new and relevant evidence to the VA. This can include medical evidence as well as non-medical evidence such as lay statements. Lawyers can submit these statements, and also obtain independent medical exams as well an opinion of a vocational expert on your behalf. If the BVA denies your claim, you may appeal to the Court of Appeals for Veterans Claims.