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How to File a Veterans Disability Case

Many veterans enter military service with medical issues that they don't report or treat. They think that the problems will be gone over time or improve.

As time passes and the conditions continue to get worse. Now they need VA assistance to get compensation. The VA does not believe in the VA.

Getting Started

Many veterans wait years before submitting a disability claim. Many veterans wait for years before filing a disability claim. For this reason, it is essential to initiate filing a claim as soon the symptoms of disability become severe enough. If you are planning to make a claim in the future, let the VA be aware by submitting an intent to submit form. This will establish an earlier effective date, which makes it easier to receive money for the time you've already missed due to your disability.

When you file your initial claim, it's important to include all relevant evidence. Include all medical records from civilian hospitals and clinics that pertain to the ailments or injuries you plan to claim as well as military documents.

The VA will examine your claim and obtain additional evidence from you and your healthcare providers. Once they have the information they require, they will arrange for you to take an examination to determine your compensation and pension (C&P) to help them decide your rating.

This should be done in parallel with the separation physical to ensure that your condition is documented as service-connected, even if it is 0%. It will be easier to request an increase in rating should your condition gets worse.

Documentation

It is important that you provide all the required documentation to your VA disability lawyer to ensure that you receive the benefits to which you are entitled. This can include medical documents, service records and letters from relatives, friends or coworkers that know how your disability affects you.

Your VSO can help you gather the required documentation. This can include medical records from the VA Hospital or a private doctor's report, diagnostic tests, and other evidence to prove that you are suffering from a condition that is disabling and that your service in the Armed Forces caused or worsened it.

VA will then review the evidence to determine your disability rating. This is done using an established schedule by Congress that defines the types of disabilities that are eligible for compensation and in what percentage.

If VA decides that you are eligible for disability benefits, they will inform you in writing of their decision. They'll also send all relevant documents to Social Security. If they decide that you do not have a qualifying impairment then the VSO returns the documents and you have the option to appeal the decision within a certain time frame.

A VA lawyer can assist you to gather evidence for your claim. In addition to medical records our veterans advocate will get opinions from independent medical examiners, as well as an opinion from your VA treating physician regarding the impact of your disabilities on your life.

Meeting with VSO VSO

A VSO can assist with a range of programs beyond disability compensation, including vocational rehabilitation and employment such as home loans as well as group life insurance, medical benefits and military burial benefits and more. They will review your medical and service records to determine which federal programs are available to you. They will also fill with the required forms.

Many accredited representatives work for VA-accredited/federally chartered veterans disability attorney service organizations (VSOs), which are private non-profit groups that advocate on behalf of Veterans, Servicemembers, and their families. They are legally able to represent the interests of a Veteran, dependent or survivor who has a claim to any federal benefit.

When the VA receives all the evidence, they will examine it, and assign a rating of disability depending on the severity of your symptoms. Once you receive a decision by the federal VA, the VSO will discuss your ratings with you and any other state benefits you may be entitled to.

The VSO can also help you request a hearing with the VA to resolve an issue in case you disagree with a decision taken by the federal VA. Under the Appeals Modernization Act, there are three "lanes" available for an appeal: a supplemental claim, an additional level review or an appeal to the Board of veterans disability law firms (view website) Appeals. A VSO can help you decide which appeal or review option is the most appropriate for your particular situation.

Appeals

The VA appeals process can be complex and veterans disability law firms long. Based on which AMA option is selected and whether or not your case qualifies to be handled in a priority manner, it can take a long time to receive a final decision. A veteran disability attorney can assist you in determining the best course of action and can file an appeal on your behalf in the event of a need.

There are three methods to appeal a denial of veterans benefits Each one requires different amount of time. A lawyer can help you decide the best option for you and will explain the VA disability appeals procedure so that you are aware of what to expect.

If you'd like to skip the DRO review to go directly to BVA the BVA, then complete Form 9 and wait for the regional office to transfer the file to the Board. The BVA will then issue an Statement of Case (SOC). You can request a personal hearing before the BVA however it isn't required.

A supplemental claim gives you the chance to present new and relevant evidence to the VA. This includes medical evidence, but also non-medical evidence like statements made by laypeople. Lawyers can present these statements and obtain independent medical examinations aswell an expert's opinion from a vocational specialist on your behalf. If the BVA decides to deny your claim you may appeal to the Court of Appeals for Veterans Claims.