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How to File a Veterans Disability Case

Many veterans disability lawyer have medical issues when they enter the military, but don't declare them or address them. They believe that they will be cured or disappear after a time.

As time passes, the problems become more severe. They now require assistance from the VA to get compensation. The VA does not believe the VA.

Getting Started

Many veterans have to wait for years before filing a claim for disability. Many veterans wait years before making a claim for disability. It is essential to file a claim when the symptoms of disability are severe enough. Let the VA know if you intend to file a claim on a later date by submitting an intent to file. This will help you determine a more recent effective date and will make it easier for you to claim your back pay.

It is vital to provide all the relevant documentation when you submit your initial claim. This includes any medical clinics in the civilian sector and hospital records pertaining to the illness or injuries you are planning to claim as well as any military records pertaining to your service.

Once the VA receives your claim they will review it and collect additional evidence from you and your health medical professionals. 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) to determine your eligibility.

It is recommended to complete this in parallel with your separation physical so that it is documented as a service-connected disability even in the event that the rating is 0 percent. It will be easier to ask for an increase in rating if your condition becomes worse.

Documentation

In order to obtain the benefits you are entitled to, it is vital to give your VA disability lawyer with all the relevant documents. This can include medical records, service records and lay evidence like letters from family members, friends members or coworkers who know how your disabilities affect you.

Your VSO can assist you with gathering the required documentation. This could include medical records from the VA hospital as well as private physician's reports, diagnostic tests and other evidence to prove that you suffer from a disabling condition that was caused by or made worse due to your service in the Armed Forces.

The next step is for VA to assess the evidence and determine your disability rating. This is done by using a schedule created by Congress which specifies the types of disabilities that are eligible for compensation and at what percentage.

If VA finds that you have a qualifying disability, they will inform you of their decision in writing. They will then forward the appropriate documents to Social Security for processing. If they determine that you don't have a qualifying disability and the VSO returns the documents and you have the option to appeal the decision within a certain timeframe.

A VA lawyer in Kalamazoo will assist you with gathering the evidence required for your claim. In addition to medical evidence our veterans advocate will get opinions from independent medical examiners, as well as a statement from your VA treating doctor regarding the impact of your disability on your life.

Meeting with VSO VSO

A VSO can assist with a variety of programs that go beyond disability compensation, such as vocational rehabilitation and employment home loans and group life insurance, medical benefits, military burial benefits, and more. They will review your medical records and service records to determine which 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 disability lawyer, Servicemembers, and their families. They are authorized to represent a Veteran or dependent who is the claim of any federal benefit.

Once the VA has received all of your evidence, they'll review it, and assign an assessment of disability based on your severity of symptoms. A VSO can discuss your ratings, and additional state benefits to which you could be eligible, with you when you receive a decision from the federal VA.

The VSO can help you request an appointment with the VA in the event you disagree with a ruling of the federal VA. The Appeals Modernization Act provides three "lanes" for appeals. These are a supplemental 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 deciding which appeal/review options are best for your particular situation.

Appeals

The VA appeals procedure can be complicated and lengthy. Based on which AMA lane is chosen and if your case qualifies to be processed with priority this could mean it takes an extended time to receive the final decision. A veteran disability lawyer can help you decide the best course of action and can file an appeal on your behalf if necessary.

There are three avenues to appeal the denial of benefits to veterans, but each one takes different amounts of time. A lawyer can help you decide which option is best for your case and can explain the VA disability appeals process to help you understand what to expect.

If you decide to forgo the DRO review and instead go directly to the BVA you must file a Form 9 formal appeal and wait for your regional office to forward your appeal to the Board. The BVA will then issue an Statement of Case (SOC). You may request an individual hearing before the BVA but it's not a requirement.

A supplemental claim gives you the opportunity to provide fresh and relevant evidence for the VA. This can include medical evidence, but also non-medical proof such as lay statements. A lawyer can submit these statements and request independent medical examinations as well an opinion of a vocational expert on your behalf. If the BVA refuses your claim for supplemental benefits, you can submit an appeal to the Court of Appeals for Veterans Claims.