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How to File a Veterans Disability Case
Many veterans have medical problems when they join the military, but they do not disclose them or treat them. They believe that the issue will go away after a while or get better.
As time passes the problems continue to worsen. Now they need VA assistance to receive compensation. The VA does not believe in the VA.
Getting Started
Many veterans wait for years before filing a disability claim. They may believe that they can manage the issue or that it will go away by itself if they don't seek treatment. 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 intention to file. This will establish an earlier effective date, which will make it easier to get back payment for time that you've already been denied due to your disability.
When you file the initial claim, you need to provide all evidence relevant. This includes any medical clinics in the civilian sector and hospital records that relate to the injuries or illnesses you're planning to claim, as well as any military records pertaining to your service.
The VA will examine your claim and request additional evidence from you and your healthcare providers. Once they have all the evidence they require, they'll set up an appointment to take an examination called a Compensation and Pension (C&P) to determine your rating.
This is best done in conjunction with the separation physical so that your disability is recognized as service-connected even if it's 0 percent. It is easier to ask for an increase in your rating if your condition becomes worse.
Documentation
It is essential to submit all the documentation required to your VA disability lawyer in order to receive the benefits to which you are entitled. This can include medical documents, service records, and letters from relatives, friends or colleagues who understand how your disability affects you.
Your VSO can help you gather the necessary documentation. This could include medical records from the VA Hospital, private physician's report, diagnostic tests, and other evidence that shows that you have a debilitating illness and that your service in the Armed Forces caused or worsened it.
The next step is for VA to assess the evidence and determine your disability rating. This is done using an approved schedule by Congress that specifies the disabilities that are eligible for compensation and at what percentage.
If VA determines that you are suffering from a qualifying disability, they will notify you of their decision in writing and send the appropriate documents to Social Security for processing. If they conclude that you don't have a qualifying disability, the VSO will return the documents to you and they will allow you to appeal the decision within a set time.
A VA attorney in Kalamazoo can assist you in obtaining the evidence required for your claim. Our veterans advocate can also obtain medical documentation and opinions from independent medical examiners as well as a letter from the VA treating doctor regarding your disability.
Meeting with VSO VSO
A VSO can assist with a variety of programs that go beyond disability compensation, such as vocational rehabilitation and employment loans for home and group life insurance, medical benefits including military burial benefits and more. They will review all of your service records, and medical records to figure out which federal programs you are eligible for and then fill out 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 authorized to represent a Veteran or a dependent with the claim of any federal benefit.
After the VA has received all of your evidence, they will go over the evidence, and then assign a rating of disability in accordance with the severity of your symptoms. A VSO can discuss your rating and other state benefits, for which you might be eligible with you once you receive a decision from the federal VA.
The VSO can also help you request a hearing with the VA to resolve a problem in the event that you do not agree with a decision of the federal VA. The Appeals Modernization Act provides three "lanes" for an appeal. They include a supplementary claim or a review at a higher level or a written notice of disagreement to the Board of veterans disability attorney Appeals. A VSO will assist you in determining which appeal or review option is the most appropriate for your particular situation.
Appeals
The VA appeals process can be lengthy and complicated. It could take a year or longer to receive a decision, based on the AMA route you choose and if your case qualifies for priority processing. An experienced disability attorney can assist you in determining the best way to proceed and can make an appeal on your behalf if required.
There are three avenues to appeal the denial of benefits to veterans disability lawsuits Each one of them requires the time in a different way. A lawyer can help you decide which option is best for you. They can also explain the VA disability appeals procedure so that you understand what to expect.
If you prefer to bypass the DRO review and go directly to the BVA you must submit a 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 provide new and relevant evidence to the VA. This includes medical evidence but also non-medical evidence such as lay statements. A lawyer can make these statements and obtain independent medical exams as well an opinion of a vocational expert on your behalf. If the BVA declines your supplemental claim you may file an appeal to the Court of Appeals for veterans disability lawyer Claims.
