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How to File a Veterans Disability Case

Many veterans enter military service with medical problems which they don't report or treat. They believe that they will go away or get better after a time.

As time passes, the problems get worse. Now they need the VA's help to get compensation. The problem is that the VA will not believe them.

Getting Started

Many veterans wait for years before filing a claim for disability. Many veterans are waiting for years before filing a disability claim. It is important to file a claim when the symptoms of disability become serious enough. Let the VA know that you intend to make a claim at an earlier date by submitting an intention to file. This will establish an earlier effective date, making it easier to claim back payment for time that you have already missed due to your disability.

When you file your initial claim, you need to include all relevant evidence. It is essential to include all medical records from civilian clinics and hospitals pertaining to the illnesses or injuries you intend to claim, as well as military documents.

When the VA has received your claim, they will review it and collect additional evidence from you and your health care providers. Once they have all the evidence they require, they will schedule an appointment for you to take a Compensation and Pension Exam (C&P) in order to determine your rating.

This should be done in conjunction with the separation physical so that your condition is recognized as service-connected even if the disability is not a percent. It is much easier to ask for an increase in rating in the event that your condition becomes worse.

Documentation

It is vital that you submit all the documentation required to your VA disability lawyer in order to get the benefits to which you are entitled. This could include medical documents, service records as well as letters from family members, friends or coworkers who are aware of the impact of your disability on you.

Your VSO can assist you in gathering the required documentation. This could include medical records from the VA Hospital or a private doctor's report or diagnostic tests, and other evidence that proves you suffer from a chronic illness and that your service in the Armed Forces caused or worsened it.

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

If VA determines that you qualify for disability benefits, they will inform you in writing of their decision. They'll also send all the necessary documents to Social Security. If they find that you do not have a qualifying impairment The VSO returns the document and you can appeal the decision within a certain time period.

A VA lawyer can assist you to find evidence to support your claim. Our veterans advocate can also obtain medical records and opinions from independent medical examiners, as well as a letter from the VA treating doctor regarding your condition.

Meeting with a VSO

A VSO can help with a variety of programs, which extend beyond disability compensation. These include vocational rehabilitation as well as employment, home loans and group life insurance. They can also assist with medical benefits and military burial benefits. They will go over all of your service records, and medical information to find out what federal programs you're eligible for and to 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 Disability Lawyer, Servicemembers, and their families. They are authorized by law to represent a Veteran, dependent or survivor who has a claim to any federal benefit.

After the VA has all the evidence, they will review it and give you a disability score based on the severity of your symptoms. Once you receive a decision by the federal VA, the VSO will be able to discuss your ratings with you and any additional state benefits that you might be entitled to.

The VSO can also help you request an hearing with the VA to resolve a problem in the event that you do not agree with a decision of the federal VA. In the Appeals Modernization Act, there are three "lanes" available for an appeal: a supplemental claim, higher-level review or an appeal to the Board of veterans disability lawyer Appeals. A VSO can help you decide the best appeal/review option for your situation.

Appeals

The VA appeals process is complicated and lengthy. Based on which AMA choice is made and if your case is eligible to be considered prioritised and it could take several months to receive a final decision. An experienced disability attorney can assist you in determining the best way to proceed and can make an appeal on your behalf, if needed.

There are three avenues to appeal the denial of benefits to veterans however each one requires a different amount of time. A lawyer can assist you in deciding which option is the best for your case, and also explain the VA disability claims process to help you understand what to expect.

If you want to skip the DRO review for you to directly submit your case to BVA then you must complete Form 9 and wait for the regional office to forward the file to the Board. The BVA will then issue an 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 present new and relevant evidence to the VA. This could include medical evidence and non-medical evidence such as lay assertions. Lawyers can present these statements and get independent medical exams as well as a vocational expert's opinion on your behalf. If the BVA refuses your claim for supplemental benefits you may file an appeal to the Court of Appeals for Veterans Claims.