How to File a Veterans Disability Case
Many
veterans disability lawyers go into military service with medical problems which they don't report or treat. They believe that the issue will be gone over time or improve.
But years pass and those problems become more severe. Now they need VA assistance to receive compensation. The problem is that the VA isn't going to believe them.
Getting Started
Many veterans have to wait for years before submitting a disability claim. Many veterans wait years before filing a disability claim. For this reason, it is crucial to file an application as soon as the symptoms of disability become 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, making it easier to recover payment for time that you've already missed out on because of your disability.
It is essential to provide all the relevant documentation when you submit your initial claim. You must include all medical records from civilian clinics and hospitals pertaining to the injuries or illnesses you're planning to file a claim for, as well as military records.
Once the VA receives your claim, they will examine it and gather additional evidence from you and your health medical professionals. Once they have the data they require, they will arrange for you to take an examination to determine your compensation and pension (C&P) to determine your rating.
It is recommended to do this in parallel with your separation physical to ensure that it is recognized as a disability that is service-connected, even when the rating is zero%. This will make it much easier to file for an increased rating in the future should your condition get worse.
Documentation
To be able to claim the benefits you are entitled to, it is crucial to provide your VA disability lawyer with all the relevant documentation. This can include medical documents, service records as well as letters from family members, friends or coworkers who are aware of how your disability affects you.
Your VSO can assist you in obtaining the required documentation. This may include medical records from the VA hospital, 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 through your service in the Armed Forces.
VA will then review the evidence to determine your disability rating. This is done with an approved schedule by Congress that designates the disabilities that are eligible for compensation and at what percentage.
If VA finds that you qualify for disability benefits, they will notify you in writing of their decision. They will also send all the necessary documents to Social Security. If they conclude that you do not have a qualifying disability, the VSO will return the documents to you and the decision is yours to appeal within a specific time.
A VA lawyer can assist you to find evidence to support your claim. In addition, to medical documentation, our veterans advocate can obtain opinions from independent medical examiners and a statement from your VA treating doctor on the impact of your disabilities on your life.
Meeting with a VSO
A VSO can help with a range 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 and military burial benefits. They will review all of your records from service, and medical records to find out which federal programs you're eligible for and complete 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 law firms, Servicemembers, and their families. They are authorized to represent any Veteran or a dependent who has a claim of any federal benefit.
After the VA has received all of your evidence, they will go over it, and then give you the rating of disability based on your severity of symptoms. A VSO will discuss your rating as well as any other state benefits, for which you may 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 an issue if 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 such as a supplemental appeal, an additional level review or a Notice of Disagreement with the Board of
Veterans disability law firms Appeals. A VSO will assist you in determining the best appeal or review option for your particular situation.
Appeal
The VA appeals procedure is complex and lengthy. It could take up to a year or longer to receive a decision, depending on the AMA route you choose and whether your case is eligible for priority processing. A veteran disability lawyer can help you determine the best way to proceed and file a formal appeal on behalf of you if necessary.
There are three ways to appeal the denial of veterans' benefits, but each one takes different amounts of time. A lawyer can help you determine which option is best 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 submit 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 can request a personal hearing before the BVA, but it is not required.
A supplemental claim provides an opportunity to provide new and relevant evidence to the VA. This includes medical evidence, but also non-medical evidence such lay statements. An attorney can submit these statements on your behalf and also get independent medical exams and a vocational expert opinion. If the BVA refuses to accept your supplemental claim you can appeal to the Court of Appeals for Veterans Claims.