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How to File a Veterans Disability Case

Many veterans disability law firms have medical problems when they enter the military, but do not disclose them or treat them. They think that the problems will disappear after a while or get better.

As the years go by as time passes, the issues continue to worsen. They now require the VA's assistance to obtain compensation. The VA isn't convinced by the VA.

Getting Started

Many Veterans Disability Law Firms wait years before filing a claim for disability. They may believe that they are able to handle the issue or that it will disappear by itself, without treatment. It is essential to file a claim when the symptoms of disability get severe enough. Let the VA be aware if you are planning to file your claim at later dates by submitting an intention to file. This will allow for a later effective date, which will make it easier to receive money for the time you've missed out on because of your disability.

When you file the initial claim, you need to provide all evidence relevant. You should include all medical records from clinics and hospitals pertaining to the injuries or illnesses you're planning to file a claim for, as well as military documents.

Once the VA has received your claim, they will review it and gather additional evidence from you and your health medical professionals. Once they have all the data they require, they'll set up an appointment to take an exam for Compensation and Pension (C&P) to determine your rating.

This should be done in conjunction with the separation physical to ensure that your condition is documented as service-connected, even if it's 0 percent. This will make it much easier to request an increased rating in the future if your condition worsens.

Documentation

It is essential to provide all the necessary documentation to your VA disability lawyer to be able to claim the benefits to which you are entitled. This could include your medical records, service records and lay evidence such as letters from friends, family members or colleagues who know how your disabilities affect you.

Your VSO can assist you in obtaining the required documentation. This may include medical records from the VA hospital as well as private physician's reports as well as diagnostic tests and other evidence to prove that you suffer from a disabling condition that was caused or worsened through your service in the Armed Forces.

The next step is for VA to assess the evidence and determine your disability rating. This is done using a schedule created by Congress which defines which disabilities are compensable and in what percentage.

If VA determines that you have a qualifying disability, they will inform you of their decision in writing and then send the appropriate documents to Social Security for processing. If they determine that you don't have a qualifying disability, the VSO will return the document to you and you can appeal this decision within a specific time.

A VA lawyer can assist you to collect evidence to support your claim. In addition to medical evidence our veterans advocate can get opinions from independent medical examiners as well as an opinion from your VA treating doctor regarding the impact of your disability on your daily life.

Meeting with a VSO

A VSO can help with a variety of programs that go beyond disability compensation. They can help with vocational rehabilitation, employment, home loans and group life insurance. They also can assist with medical benefits and burial benefits. They will examine your medical and service records to determine which federal programs are accessible to you, and fill in 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 with the claim of any federal benefit.

Once the VA has all of your evidence, they will review it and determine a disability rating in accordance with the severity of your symptoms. A VSO will discuss your rating and other state benefits, for which you might be eligible, with you once you receive an answer from the federal VA.

The VSO can also assist you to request an appeal to the VA to resolve a problem if you disagree with a decision taken by the federal VA. The Appeals Modernization Act provides three "lanes" for an appeal. These include a supplementary claim, or a more thorough review, or a notice of disagreement to the Board of Veterans Appeals. A VSO can assist you in deciding which appeal or review options are appropriate for your situation.

Appeals

The VA appeals process is complex and long. It can take a year or longer to receive an answer, based on the AMA route you choose and if your case qualifies for priority processing. A veteran disability lawyer can help you determine the best way to proceed and file a formal appeal on your behalf if required.

There are three options to appeal the denial of benefits to veterans, but each one takes the time in a different way. A lawyer can assist you in deciding the best option for you. They can also explain the VA disability appeals procedure so that you are aware of what to expect.

If you wish to bypass the DRO review in order to submit your case directly to BVA, then you must submit 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 may request a personal hearing before the BVA however, it is not required.

A supplemental claim provides you with the opportunity to provide fresh and relevant evidence for the VA. This can include medical evidence, but also non-medical evidence, such as statements from lay people. An attorney is able to submit these statements on behalf of you and also get independent medical examinations and a vocational expert's opinion. If the BVA refuses to accept your supplemental claim you can appeal to the Court of Appeals for Veterans Claims.