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How to File a Veterans Disability Case

Many veterans who join the military with medical issues that they do not report or treat. They believe that the issues will go away over time or improve.

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 accept their claims.

Getting Started

Many veterans have to wait for years before filing a claim. Many veterans wait for years before making a claim for disability. It is important to file a claim as soon as the symptoms of disability get severe enough. If you plan to make a claim in the future and you are unsure of the procedure, inform the VA know by filing an intent to submit form. This will help establish a earlier effective date, which makes it easier to receive your money for time you've missed due to your disability.

It is important that you provide all the relevant documentation when you file your initial claim. Include all medical records from hospitals and clinics related to the illnesses or injuries you're planning to file a claim for, as well as military records.

The VA will examine your claim and gather additional evidence from you and your healthcare providers. Once they have the information they require, they'll arrange for you to take an exam for compensation and pension (C&P) to determine your eligibility.

It is recommended to complete this prior to your separation physical to ensure that it is recorded as a disability resulting from service, even in the event that the rating is 0 percent. It will be easier to request an increase in rating if your condition worsens.

Documentation

To receive the benefits you are entitled to, it is crucial to give your VA disability lawyer with all the relevant documents. This can include medical records, service records and lay evidence such as letters from relatives, friends members, or coworkers who understand the impact of your disabilities on you.

Your VSO can assist you in gathering the required documentation. This can include medical records from the VA Hospital and a private physician's report, diagnostic tests, and other evidence that shows that you are suffering from a condition that is disabling and that your time in the Armed Forces caused or worsened it.

The next step is for VA to examine the evidence and determine your disability rating. This is done using the schedule that was created by Congress which specifies which disabilities are compensable and in what percentage.

If VA finds that you suffer from a qualifying disability, they will inform you of the decision in writing, and then send the relevant documents to Social Security for processing. If they determine that you do not have a qualifying impairment and the VSO returns the documents and you have the option to appeal the decision within a specific time period.

A VA lawyer can assist you to find evidence to support your claim. In addition, to medical documentation our veterans advocate will obtain opinions from independent medical examiners as well as a letter from your VA treating physician on the impact of your disabilities on your life.

Meeting with a VSO

A VSO can assist with a range of programs, beyond disability compensation. They can help with vocational rehabilitation and employment, home loan and group life insurance. They can also assist with medical benefits as well as military burial benefits. They will review all of your service records, and medical records to find out which federal programs you're qualified for and will 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 an Veteran or a dependent or survivor with a claim for any federal benefit.

After the VA has received all of your evidence they will review it, and assign an assessment of disability based on your severity of symptoms. A VSO can discuss your rating, and additional state benefits to which you may be eligible, after you have received a decision from the federal VA.

The VSO can help you request an appointment with the VA in the event that you are dissatisfied with a decision of the federal VA. The Appeals Modernization Act provides three "lanes" for appeals. They include a supplementary claim or a higher-level review or a notice of disagreement to the Board of Veterans Appeals. A VSO can help you decide which appeal/review options are best for your situation.

Appeals

The VA appeals process is complicated and long. Depending on the AMA choice is made and whether or not your case is eligible to be treated with priority and it could take an extended time to receive the final decision. A veteran disability lawyer can assist you in determining the best route to take and can file a formal appeal on your behalf, if necessary.

There are three ways to appeal the denial of benefits to veterans, but each one takes an varying amount of time. A lawyer can help decide which option is the best for your situation, and explain the VA disability claims process to help you understand what to expect.

If you prefer to bypass the DRO review and instead go directly to the BVA you must file an appeal form 9 formal appeal and wait for your regional office to transfer your appeal to the Board. The BVA will issue a Statement Of Case (SOC). You can request an individual hearing before the BVA but it isn't mandatory.

A supplemental claim gives you the opportunity to present fresh and relevant evidence to the VA. This includes medical proof, but also non-medical evidence, such as lay statements. An attorney is able to submit these statements on behalf of you and also get independent medical exams and a vocational expert opinion. If the BVA refuses your claim for supplemental benefits You can file an appeal to the Court of Appeals for veterans disability lawyers Claims.