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How to File a Veterans Disability Case

Many veterans have medical issues after they join the military, but don't divulge them or treat them. They figure they will disappear or improve after a time.

But years pass and those problems become more severe. Now they need VA assistance to obtain compensation. The VA does not believe in the VA.

Getting Started

Many Veterans Disability Law Firms wait for a long time before filing a claim. They might believe that they can deal with the issue or think it will disappear by itself without treatment. It is crucial to file a claim as soon as the symptoms of disability are severe enough. Let the VA know if you intend to file a claim on an earlier date by submitting an intent to file. This will help you determine an effective date that is more recent and will make it easier to receive your back pay.

When you file your initial claim, it is important to provide all evidence relevant. This includes any medical clinics in the civilian sector and hospital records pertaining to the illnesses or injuries you are planning to claim, as well as any military records pertaining to your service.

When the VA receives 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 will set up an appointment to take a Compensation and Pension Exam (C&P) in order to determine your eligibility.

This must be done in tandem with the separation physical to ensure that your condition is recognized as service-connected even if it's 0 percent. This will make it simpler to obtain an increase in rating later on should your condition get worse.

Documentation

In order to obtain the benefits you are entitled to, it's essential that you give your VA disability lawyer with all the relevant documentation. This can include medical records, service records and lay evidence like letters from family members, friends members, or colleagues who understand how your disabilities affect you.

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

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

If VA determines that you are suffering from a qualifying disability, they will notify you of the decision in writing and send the relevant documents to Social Security for processing. If they find that you do not have a qualifying disability, the VSO will return the document to you, and the decision is yours to appeal within a specific time.

A VA lawyer can assist you to gather evidence for your claim. In addition to medical documentation, our veterans advocate can seek opinions from independent medical examiners as well as a statement from your VA treating doctor on the impact of your disability on your life.

Meeting with a VSO

A VSO can assist with a myriad of programs that go beyond disability compensation, such as vocational rehabilitation and employment home loans as well as group life insurance, medical benefits as well as military burial benefits and many more. They will examine your medical and service records to determine the federal programs available to you. They will also fill out 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 the interests of a Veteran or a dependent who has the claim of any federal benefit.

After the VA has all your evidence, they will review it and determine a disability classification according to the severity of your symptoms. After you have been given a decision by the federal VA, you will be contacted by a VSO will discuss with you your rating and any additional state benefits you might be entitled to.

The VSO can also help you request an hearing with the VA to resolve a problem when you are not satisfied with a decision made by the federal VA. In the Appeals Modernization Act, there are three "lanes" available for an appeal which include a supplemental claim an additional level review or a Notice of Disagreement to the Board of Veterans Appeals. A VSO can assist you in determining which appeal or review option is appropriate for your situation.

Appeals

The VA appeals process can be complicated and long. It could take a full year or longer to receive the outcome, depending on the AMA route you choose and whether your case qualifies for priority processing. A veteran disability lawyer can assist you in determining the best path to follow and can file a formal appeal on your behalf if necessary.

There are three options for appealing the denial of veterans' benefits, but each one takes different amounts of time. A lawyer can assist you in deciding which one is the most appropriate for your situation and also explain the VA disability claims process so you know what to expect.

If you'd like to skip the DRO review to submit your case directly to BVA the Board, you must fill out Form 9 and wait for the regional office to transfer the file to the Board. The BVA will issue a Statement of Case (SOC). You can request a private hearing before the BVA however, it is not required.

A supplemental claim gives you the opportunity to provide new and relevant evidence for the VA. This includes medical proof, 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's opinion. If the BVA declines your supplemental claim you may file an appeal to the Court of Appeals for veterans disability lawsuit Claims.