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How to File a Veterans Disability Case

Many veterans have medical issues after they join the military, but they don't declare them or address them. They believe that the issue will be gone over time or improve.

As time passes, these problems get worse. Now they require help from the VA to get compensation. The VA does not believe in the VA.

Getting Started

Many veterans wait for years before making claims. They might believe that they can deal with the issue or believe that it will disappear by itself without treatment. For this reason, it is important to start the process as soon as the symptoms of disability get serious enough. Let the VA know that you intend to file your claim at a later date by submitting an intention to file. This will help you establish a more recent effective date and make it easier to receive your back pay.

When you file the initial claim, it is important to include all relevant evidence. This includes medical clinics for civilians and hospital records regarding the injuries or illnesses you are planning to claim, as well as any military records pertaining to your service.

When the VA receives your claim they will review it and collect additional evidence from you and your health medical professionals. Once they have the data they need, they will arrange for you to take 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 disability is categorized as service-connected even if the disability is not a%. This will make it much simpler to obtain an increased rating later should your condition get worse.

Documentation

It is essential to provide all the necessary documentation to your VA disability lawyer to ensure that you receive the benefits to which you are entitled. This could include your medical records, service records and lay evidence like letters from friends, family members, or colleagues who understand the impact of your disabilities on you.

Your VSO can help you gather the necessary documentation. This can include medical records from the VA Hospital and a private physician's report as well as diagnostic tests and other evidence to prove that 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 assess the evidence and determine your disability rating. This is done using an established schedule by Congress which defines which disabilities are compensable and at what percentage.

If VA finds that you have a qualifying disability, they will inform you of this decision in writing and then send the relevant documents to Social Security for processing. If they determine that you don't have a qualifying impairment, the VSO returns the document and you can appeal the decision within a certain time period.

A VA attorney can help you find evidence to support your claim. In addition, to medical documentation, our veterans advocate can get opinions from independent medical examiners, as well as a letter from your VA treating doctor regarding the impact of your disability on your life.

Meeting with VSO VSO

A VSO can help with a range of programs, beyond disability compensation. They can help with vocational rehabilitation and employment, home loan and group life insurance. They can also assist with medical benefits as well as military burial benefits. They will go through your medical and service records to determine which federal programs are available to you. They will also fill out the required paperwork.

Many accredited representatives work for VA-accredited/federally chartered veterans disability law firms service organizations (VSOs), which are private non-profit groups that advocate on behalf of Veterans, Servicemembers, and their families. They are authorised by law to represent a Veteran, dependent or survivor with a claim for any federal benefit.

Once the VA has received all of your evidence they will review it, and assign a rating of disability based on your severity of symptoms. Once you receive a decision by the federal VA, the VSO can discuss your ratings with you and any additional benefits from the state that you may be entitled to.

The VSO can assist you in requesting an appointment with the VA if you disagreed with a decision made by the federal VA. Under the Appeals Modernization Act, there are three "lanes" available for an appeal that includes a supplemental claim, higher-level review or a notice of disagreement to the Board of Veterans Appeals. A VSO can assist you in determining the best appeal or review option for your situation.

Appeals

The VA appeals process can be lengthy and complicated. It can take a time of up to a year before you receive an answer, based on the AMA option you select and if your case is eligible for priority processing. A veteran disability lawyer can help you determine the best route to take and can file a formal appeal on behalf of you if necessary.

There are three ways to appeal the denial of benefits to veterans, but each one takes an varying amount of time. A lawyer can help you determine which one is appropriate for you. They can also explain the VA disability appeals procedure so that you understand what to expect.

If you want to skip the DRO review in order to go directly to BVA then you must fill out Form 9 and wait for the regional office to forward the file to the Board. The BVA will issue a Statement Of Case (SOC). You may request an individual hearing before the BVA but it's not a requirement.

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