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How to File a Veterans Disability Case

Many veterans disability lawsuits join military service with medical problems that they don't report or treat. They believe that the issue will go away after a time or improve.

As the years go by and the conditions get worse. Now they require help from the VA to receive compensation. The VA isn't convinced by the VA.

Getting Started

Many veterans are waiting for years before filing claims. They may feel that they can manage the problem or that it will disappear on its own without treatment. It is crucial to file a claim when the symptoms of disability are severe enough. Let the VA know if you intend to file your claim at later time by submitting an intention to file. This will allow for a later effective date, making it easier to get back payment for time that you've missed out on because of your disability.

It is essential to include all relevant proof when you submit your initial claim. This includes any medical clinics in the civilian sector and hospital records related to the illness or injuries you plan to claim, as well any military records pertaining to your service.

Once the VA has received your claim, they will review it and gather additional evidence from you and your health care providers. Once they have all the information they require, they'll arrange an appointment for you to take the Compensation and Pension Exam (C&P) to determine your rating.

It is best to do this in parallel with your separation physical, so that it is recognized as a disability that is service-connected, even when the rating is zero%. This will make it much easier to request an increase in rating later on when your condition becomes worse.

Documentation

It is vital that you provide all the required documentation to your VA disability lawyer to ensure that you receive the benefits to which you are entitled. This may include service records, medical documentation and lay evidence like letters from friends, family members or coworkers who know how your disabilities affect you.

Your VSO can assist you in gathering the necessary documentation. This may include medical records from the VA hospital, private physician's reports diagnostic tests, and other evidence to show that you have a chronic condition and that it was caused by or worsened by your time in the Armed Forces.

VA will then examine the evidence to determine your disability rating. This is done using a schedule drafted by Congress that outlines which disabilities are compensable and in what percentage.

If VA determines that you are eligible for disability benefits, they will notify you in writing of their decision. They will also send all relevant documents to Social Security. If they determine that you don't have a qualifying disability then the VSO returns the document to you and you may appeal the decision within a specified time period.

A VA attorney can help you collect evidence to support your claim. In addition to medical records our Veterans Disability law firms advocate will obtain opinions from independent medical examiners, as well as an opinion from your VA treating doctor on the impact of your disability on your life.

Meeting with VSO VSO

A VSO can help with a variety of programs that go beyond disability compensation, such as vocational rehabilitation and employment home loans, group life insurance medical benefits including military burial benefits and more. They will look over your medical records and service records to determine what federal programs are available to you and then fill with the required forms.

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 any Veteran or a dependent with claims for any federal benefit.

When the VA receives all of your evidence, they'll review it, and then assign a rating of disability based on your severity of symptoms. When you are given a determination by the federal VA, a VSO will be able to discuss with you your ratings and any additional benefits from the state that you may be entitled to.

The VSO can assist you in requesting an appeal to the VA in the event you disagree with a decision of 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 to the Board of Veterans Appeals. A VSO can assist you in deciding which appeal/review options are best for your situation.

Appeal

The VA appeals process is complicated and long. Based on which AMA lane is chosen and whether or not your case is eligible to be handled in a priority manner this could mean it takes some time to get an official decision. A veteran disability lawyer can help you decide the best path to take and make an appeal on your behalf in the event of a need.

There are three ways to appeal a veterans benefits denial However, each requires different amount of time. A lawyer can assist you in deciding which option is the best for your situation and explain the VA disability claims process so you know what you can expect.

If you'd like to bypass the DRO review to submit your case directly to BVA then 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 provides an opportunity to provide new and relevant evidence to the VA. This could include medical evidence as well as non-medical evidence such as lay assertions. An attorney can submit these statements on behalf of you and also obtain independent medical exams and a vocational expert's opinion. If the BVA refuses to accept your supplemental claim you may appeal to the Court of Appeals for Veterans Claims.