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How to File a Veterans Disability Case

Many veterans go into military service with medical problems that they don't report or treat. They think that the problem will disappear after a time or improve.

As time passes and the conditions continue to get worse. They now require the VA's help to get compensation. The VA isn't convinced by the VA.

Getting Started

Many veterans disability law firms are waiting for years before making a claim. They might believe that they can deal with the issue or believe that it will go away by itself if they don't seek treatment. This is why it is essential to initiate filing a claim as soon the disability symptoms become serious enough. Let the VA be aware if you are planning to make a claim at later time by submitting an intention to file. This will allow for a later effective date, which will make it easier to recover money for the time you have already missed out on because of your disability.

It is essential to include all relevant proof when you submit your initial claim. This includes the medical clinics of civilians and hospital records regarding the illness or injuries you're planning to claim, as well as any military documents related to your service.

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

This should be done in conjunction with the separation physical to ensure that your disability is categorized as service-connected even if it's not%. This will make it easier to file for an increased rating in the future when your condition becomes worse.

Documentation

It is important that you supply all the necessary documentation to your VA disability lawyer to ensure that you receive the benefits to which you are entitled. This could include medical documents, service records and letters from family members, friends or coworkers who are aware of how your disability affects you.

Your VSO can assist you in obtaining the required documentation. This could include medical records from the VA Hospital as well as a private physician's note, diagnostic tests, and other evidence that shows that you have a disabling illness and that your service in Armed Forces caused or worsened it.

The next step is for VA to assess the evidence and determine your disability rating. This is accomplished using a schedule designed by Congress that designates which disabilities are eligible for compensation and at what percentage.

If VA determines that you have a qualifying disability, they will notify you of this decision in writing, and then send the relevant documents to Social Security for processing. If they find that you don't have a qualifying disability, the VSO returns the document and you can appeal the decision within a predetermined time frame.

A VA attorney can help you find evidence to support your claim. Our veterans advocate can get medical documents and opinions from independent medical examiners, and a written statement from the VA treating physician regarding your disability.

Meeting with VSO VSO

A VSO can help with a wide range of programs, beyond disability compensation. They offer vocational rehabilitation employment, home loans, and group life insurance. They also can assist with medical benefits and burial benefits. They will review all of your service records, and medical records to figure out the federal programs you're eligible for and then complete the necessary paperwork required 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 authorized to represent any Veteran or dependent with claims for any federal benefit.

When the VA receives all the evidence they will review it, and then give you a rating of disability based on your severity of symptoms. A VSO will discuss your rating and other state benefits for which might be eligible after you have received a decision from the federal VA.

The VSO can help you request an hearing 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 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 particular situation.

Appeal

The VA appeals process can be lengthy and complicated. It could take a one year or more to get the outcome, depending on the AMA choice you make and whether your case qualifies for priority processing. A veteran disability attorney can assist you in determining the best route to take and make an appeal on your behalf in the event of a need.

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

If you prefer to bypass the DRO review and instead go directly to the BVA you must file a Form 9 formal appeal and wait for the regional office in your area 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's not required.

A supplemental claim provides an opportunity to present fresh and relevant evidence to the VA. This includes medical evidence but also non-medical evidence, such as statements made by laypeople. Lawyers can present these statements and get independent medical examinations as well as a vocational expert's recommendation on your behalf. If the BVA denies your supplemental claim, you can submit an appeal to the Court of Appeals for veterans disability lawyers Claims.