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How to File a Veterans Disability Case

Many veterans join military service with health issues that they do not report or treat. They figure they will go away or get better after a time.

As the years go by as time passes, the issues continue to worsen. Now they need the VA's assistance to get compensation. The problem is that the VA isn't going to believe them.

Getting Started

Many veterans wait for years before making claims. They may feel that they can deal with the problem or that it will disappear on its own without treatment. For this reason, it is crucial to begin an application as soon as the disability symptoms become serious enough. If you plan to submit a claim in the future and you are unsure of the procedure, let the VA know by submitting an intent to submit form. This will enable you to determine an earlier effective date and will make it easier for you to claim your back pay.

It is essential to include all relevant evidence when you submit your initial claim. It is essential to include all medical records from civilian hospitals and clinics pertaining to the illnesses or injuries you plan to claim 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 the information they require, they'll schedule you for an examination for compensation and pension (C&P) to help them decide your rating.

This should be done in conjunction with the separation physical to ensure that your condition is recognized as service-connected even if it's 0 percent. This will make it much simpler to obtain an increased rating later in the event that your condition gets worse.

Documentation

To get the benefits you are entitled to, it is vital that you give your VA disability lawyer with all relevant documents. This may include medical records, service records and other evidence of a lay nature, such as letters from family members, friends members, or coworkers who understand how your disabilities affect you.

Your VSO can assist you in obtaining the necessary documentation. This could include medical records from the VA Hospital as well as a private physician's note or diagnostic tests, and other evidence to prove that you have a disabling illness and that your participation 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 drafted by Congress that determines which disabilities are eligible for compensation and at what percentage.

If VA finds that you suffer from a qualifying disability, they will notify you of their decision in writing and send the relevant documents to Social Security for processing. If they determine that you don't have a qualifying disability, the VSO will return the documents to you and you can appeal this decision within a set time.

A VA attorney can help you gather evidence for your claim. Our Veterans disability Law firms advocate can collect medical documentation and opinions from independent medical examiners as well as a letter from the VA treating physician about your condition.

Meeting with a VSO

A VSO can assist with a range of programs, which extend beyond disability compensation. They offer vocational rehabilitation and employment, home loan and group life insurance. They can also help with medical benefits and military burial benefits. They will examine your medical records and service records to determine what federal programs are available to you and 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, Servicemembers, and their families. They are authorized to represent the interests of a Veteran or dependent with a claim of any federal benefit.

After the VA has all of your evidence, they will evaluate it and assign a disability rating according to the severity of your symptoms. A VSO can discuss your rating and any additional state benefits to which you might be eligible, with you once you receive an answer from the federal VA.

The VSO can also assist you to request a hearing with the VA to resolve a problem in case you disagree with a decision taken by the federal VA. The Appeals Modernization Act provides three "lanes" to 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 option is best for your particular situation.

Appeal

The VA appeals process is complex and lengthy. It could take a year or longer to receive the outcome, depending on the AMA route you choose and if your case is eligible for priority processing. A veteran disability attorney can help you decide the best way to proceed and can make an appeal on your behalf, if needed.

There are three methods to appeal a denial of veterans benefits However, each requires different amounts of time. A lawyer can help you decide which is best for your situation and also explain the VA disability claims process so that 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 your regional office to forward your appeal to the Board. The BVA will then issue a Statement of the Case (SOC). You can request an individual hearing before the BVA but it's not a requirement.

A supplemental claim gives you the chance to submit new and relevant evidence for the VA. This could include medical evidence, but also non-medical proof such as lay statements. An attorney can make these statements on behalf of you and also get independent medical exams and a vocational expert opinion. If the BVA denies your claim, you may appeal to the Court of Appeals for Veterans Claims.