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How to File a Veterans Disability Case

Many veterans have medical issues after they join the military, but do not disclose them or treat them. They believe that they will disappear or improve after a time.

As the years go by as time passes, the issues continue to worsen. Now they need help from the VA to get compensation. The VA doesn't believe the VA.

Getting Started

Many veterans wait for years before filing an claim. They might believe that they can manage the issue or think it will disappear by itself without treatment. For this reason, it is crucial to begin a claim as soon as the symptoms of disability get serious enough. Let the VA know if you intend to file a claim at later time by submitting an intention to file. This will allow for a later effective date, which makes it easier to recover pay for the time you've been denied due to your disability.

It is important that you include all relevant evidence when you file your initial claim. This includes the medical clinics of civilians and hospital records regarding the illnesses or injuries you are planning to claim as well as any military documents related to your service.

The VA will review your claim and collect additional evidence from both you and your healthcare providers. Once they have all of the information they require, they will set up an appointment to take an exam for Compensation and Pension (C&P) in order to determine your eligibility.

This must be done in tandem with the separation physical, so that your disability is categorized as service-connected even if the disability is not a percent. It will be easier to ask for an increase in rating should your condition gets worse.

Documentation

It is vital that you provide all the required documentation to your VA disability lawyer in order to receive the benefits to which you are entitled. This could include medical documents, service records, and letters from relatives, friends 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 and a private physician's report and diagnostic tests, as well as other evidence that proves you are suffering from a condition that is disabling and that your service in the Armed Forces caused or worsened it.

VA will then examine the evidence to determine your disability rating. This is done with an established schedule by Congress that outlines the types of disabilities that are eligible for compensation and in what percentage.

If VA finds that you qualify for disability benefits, they will inform you in writing of their decision. They will also send all relevant documents to Social Security. If they conclude that you don't have a qualifying disability then the VSO will return the documents to you and you can appeal this decision within a specific time.

A VA lawyer can assist you to gather evidence for your claim. Our veterans advocate can collect medical documentation and opinions from independent medical examiners, as well as a letter from the VA treating doctor about your condition.

Meeting with a VSO

A VSO can assist with a myriad of programs that go beyond disability compensation. These include vocational rehabilitation and employment, home loan and group life insurance. They can also help with medical benefits as well as military burial benefits. They will examine your medical and service records to determine which federal programs are available to you and then 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 a Veteran or dependent who is a claim of any federal benefit.

After the VA receives all the evidence, they'll review it, and then assign the rating of disability depending on the severity of your symptoms. A VSO can discuss your ratings and other state benefits for which might be eligible, with you when you receive a decision from the federal VA.

The VSO can also help you request an appointment with the VA to resolve a problem if you disagree with a decision taken by the federal VA. The Appeals Modernization Act provides three "lanes" for an appeal. These include a supplementary claim or a review at a higher level, or a notice of disagreement to the Board of Veterans Appeals. A VSO can assist you in determining which appeal/review option is best for your particular situation.

Appeal

The VA appeals process can be complicated and long. It can take a year or more to receive a decision, based on the AMA choice you make and if your case is eligible for priority processing. A veteran disability attorney can help you decide the best course of action and can file an appeal on your behalf if required.

There are three options to appeal a veterans benefits denial however each one takes different amount of time. A lawyer can help you decide which option is best for you and will explain the VA disability appeals process to help you know what to expect.

If you wish to skip the DRO review and go directly to the BVA you must submit a Form 9 formal appeal and wait for your regional office to forward your case to the Board. The BVA will then issue an Statement of Case (SOC). You may request an individual hearing before the BVA but it isn't mandatory.

A supplemental claim gives you the opportunity to provide fresh and relevant evidence for the VA. This could include medical evidence however, it can also include non-medical proof such as lay assertions. A lawyer can make these statements, and also obtain independent medical exams as well an opinion of a vocational expert on your behalf. If the BVA rejects your supplemental claim you can appeal to the Court of Appeals for veterans disability law firms Claims.