How to File a Veterans Disability Case
Many
veterans disability lawsuits go into military service with health issues that they don't report or treat. They think that the problems will go away after a period of time or improve.
But years pass and those problems become more severe. Now they need the VA's help to get compensation. The VA does not believe the VA.
Getting Started
Many veterans wait years before submitting a disability claim. Many veterans wait years before filing a disability claim. It is essential to file a claim when the symptoms of disability get severe enough. Let the VA know if you plan to file a claim on later dates by submitting an intent to file. This will allow you to establish a more recent effective date and make it easier to claim your back pay.
It is essential to provide all the relevant documentation when you submit your initial claim. This includes civilian medical clinic and hospital records related to the illnesses or injuries you are planning to claim as well as any military records pertaining to your service.
Once the VA receives 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 will schedule an appointment for you to take an examination called a Compensation and Pension (C&P) to determine your rating.
It is best to do this as a part of your separation physical to ensure it is recognized as a service-connected disability even in the event that the rating is 0 percent. This will make it easier to file for an increase in your rating if your condition worsens.
Documentation
In order to obtain the benefits you are entitled to, it is crucial to give your VA disability lawyer with all relevant documents. This can include medical records, service records and letters from friends, relatives or coworkers who know how your disability affects you.
Your VSO can help you gather the required documentation. This could include medical records from the VA hospital, private physician's reports or diagnostic tests as well as other evidence to show that you have a chronic condition and that it was caused or worsened through your service in the Armed Forces.
VA will then evaluate the evidence to determine your disability rating. This is done using an approved schedule by Congress that designates which disabilities can be compensated and in what percentage.
If VA decides that you are eligible for disability benefits, they will inform you in writing of their decision. They will also send all the relevant documents to Social Security. If they conclude that you do not have a qualifying disability and the VSO will return the documents 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 needed to support your claim. In addition to medical documentation our veterans advocate can seek opinions from independent medical examiners and a letter from your VA treating physician regarding the impact of your disabilities on your daily life.
Meeting with VSO VSO
A VSO can assist with a variety of programs beyond disability compensation, such as vocational rehabilitation and employment such as home loans, group life insurance, medical benefits, military burial benefits, and more. They will examine your medical records and service records to determine what federal programs are available to you and fill the necessary 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 by
law to represent an Veteran, dependent or survivor with a claim for any federal benefit.
When the VA has all of your evidence, they will go through it and assign a disability rating according to the severity of your symptoms. A VSO can discuss your rating and any additional state benefits for which could be eligible, after you have received a decision from the federal VA.
The VSO can assist you in requesting an appeal to the VA in the event that you are dissatisfied with a decision of the federal VA. Under the Appeals Modernization Act, there are three "lanes" available for an appeal that includes a supplemental claim, a higher level review or a notice of disagreement to the Board of Veterans Appeals. A VSO can help you decide the best appeal/review option for your situation.
Appeal
The VA appeals process can be complicated and lengthy. Depending on which AMA lane is chosen and whether or not your case is eligible to be considered prioritised and it could take a long time to receive an official decision. A veteran disability lawyer can assist you in determining the best way to proceed and file a formal appeal on your behalf when required.
There are three different ways to appeal a Veterans Benefits denial, but each takes different amounts of time. A lawyer can help you decide which one is appropriate for you. They can also explain the VA disability appeals procedure so that you know what you can expect.
If you wish to bypass the DRO review to directly go to BVA the Board, you must fill out 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 may request a personal hearing before the BVA but it is not mandatory.
A supplemental claim gives you the chance to present new and relevant evidence to the VA. This could include medical evidence as well as non-medical evidence such as lay statements. A lawyer can submit these statements and request independent medical exams as well as a vocational expert's recommendation on your behalf. If the BVA denies your supplemental claim you may file an appeal to the Court of Appeals for Veterans Claims.