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How to File a Veterans Disability Case

Many Veterans disability Lawyer go into military service with health issues that they don't report or treat. They believe that they will be cured or disappear after a time.

As the years go by, these problems continue to get worse. Now, they require the VA's assistance to receive compensation. The problem is that the VA won't believe them.

Getting Started

Many veterans wait years before filing a disability claim. They might think that they can manage the issue or believe that it will go away on its own without treatment. It is important to file a claim as soon as the symptoms of disability get severe enough. If you plan to make a claim in the future, inform the VA be aware by submitting an intent to file form. This will allow for a later effective date, which will make it easier to recover payment for time that you've lost due to your disability.

When you file the initial claim, you need to provide all evidence relevant. This includes the medical clinics of civilians and hospital records that relate to the illness or injuries you intend to claim as well as any military records pertaining to your service.

Once the VA receives your claim they will examine it and gather additional evidence from you and your health healthcare providers. Once they have the data they require, they'll schedule you for a compensation and pension exam (C&P) to determine your eligibility.

It is recommended to do this prior to your separation physical to ensure it is documented as a disability resulting from service, even when the rating is only 0 percent. This will make it easier to request an increased rating in the future should your condition get worse.

Documentation

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

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

VA will then assess the evidence to determine your disability rating. This is done using a schedule designed by Congress that specifies which disabilities can be compensated and at what percentage.

If VA determines that you have a qualifying disability, they will notify you of the decision in writing, and then send the appropriate documents to Social Security for processing. If they find that you do not have a qualifying disability and the VSO will return the form to you. it is possible to appeal the decision within a set time.

A VA lawyer in Kalamazoo can assist you in gathering the evidence needed to support your claim. In addition to medical records, our veterans advocate can get opinions from independent medical examiners and a letter from your VA treating doctor on the impact of your disabilities on your life.

Meeting with VSO VSO

A VSO can help with a variety of programs that go beyond disability compensation, such as vocational rehabilitation and employment, home loans as well as group life insurance, medical benefits as well as military burial benefits and many more. They will review your medical records and service records to determine what federal programs are available to you. They will also 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 legally able to represent the interests of a Veteran or a dependent or survivor with a claim for any federal benefit.

After the VA has all of your evidence, they will go through it and determine a disability rating according to the severity of your symptoms. A VSO can discuss your ratings and other state benefits for which may be eligible, with you once you receive an answer from the federal VA.

The VSO can help you request an appointment with the VA in the event that you are dissatisfied with a ruling of the federal VA. The Appeals Modernization Act provides three "lanes" for appeals. They include a supplementary claim or a higher-level review or a notification of disagreement to the Board of veterans disability lawyers Appeals. A VSO can help you decide which appeal/review options are best for your particular situation.

Appeal

The VA appeals process can be complex and lengthy. It can take a one year or more to get a decision, depending on the AMA option you select and if your case qualifies for priority processing. A veteran disability lawyer can help you determine the best course of action and can also file an official appeal on behalf of you if necessary.

There are three ways to appeal a veterans benefits denial However, each requires different amount of time. A lawyer can help you determine which one is appropriate for your case and can explain the VA disability appeals process so that you know 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 forward the file to the Board. The BVA will then issue a Statement of the Case (SOC). You may request a personal hearing before the BVA but it is not mandatory.

A supplemental claim gives you the opportunity to provide new and relevant evidence for the VA. This includes medical evidence, but also non-medical evidence like statements made by laypeople. An attorney is able to submit these statements on your behalf and also get independent medical exams and a vocational expert's opinion. If the BVA rejects your supplemental claim you can appeal to the Court of Appeals for Veterans Claims.