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How to File a Veterans Disability Case

Many veterans go into military service suffering from medical conditions which they don't report or treat. They think they'll be cured or disappear after a time.

As time passes, these problems continue to get worse. Now, they need help from the VA to receive compensation. The problem is that the VA will not believe them.

Getting Started

Many veterans have to wait for years before submitting a disability claim. They may believe that they can manage the issue or believe that it will go away on its own without treatment. For this reason, it is crucial to file an application as soon as the symptoms of disability become serious enough. Let the VA know if you plan to file a claim at later dates by submitting an intention to file. This will enable you to determine an effective date that is more recent and will make it easier to get your back pay.

When you file the initial claim, it is crucial to include all relevant evidence. You must include all medical records from hospitals and clinics that pertain to the illnesses or injuries you're planning to file a claim for, as well as military documents.

The VA will examine your claim and gather additional evidence from both you and your healthcare providers. Once they have all the evidence they require, they'll make an appointment with you to take an exam for Compensation and Pension (C&P) to determine your eligibility.

This should be done in conjunction with the separation physical to ensure that your condition is recorded as service-connected even if the disability is not a percent. This will make it easier to request an increased rating later in the event that your condition gets worse.

Documentation

In order to obtain the benefits you are entitled to, it is essential to give your VA disability lawyer with all relevant documentation. This can include medical records, service records and lay evidence like letters from relatives, friends members or colleagues who know the impact of your disabilities on you.

Your VSO can help you gather the necessary documentation. This could include medical records from the VA Hospital as well as a private physician's note and diagnostic tests, veterans Disability lawyer as well as other evidence to prove that you have a debilitating 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 accomplished by using a schedule drafted by Congress which defines the types of disabilities that 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. They will then forward the appropriate documents to Social Security for processing. If they find that you do not have a qualifying disability then the VSO will return the documents to you and you can appeal this decision within a specified time.

A VA lawyer in Kalamazoo can assist you in gathering the evidence needed for your claim. Our veterans advocate can also get medical documents and opinions from independent medical examiners as well as a statement from the VA treating doctor regarding your condition.

Meeting with a VSO

A VSO can assist with a wide range of programs, beyond disability compensation. They can help with vocational rehabilitation, employment, home loans and group life insurance. They also can assist with medical benefits as well as military burial benefits. They will review all of your service records, and medical information, to find out which federal programs you're eligible for and then fill out the required paperwork for you to apply.

Many accredited representatives work for VA-accredited/federally chartered veterans Disability lawyer service organizations (VSOs), which are private non-profit groups that advocate on behalf of veterans disability law firm, Servicemembers, and their families. They are authorized to represent a Veteran or dependent with an application for 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 with you your ratings and any other state benefits you might be entitled to.

The VSO can assist you in requesting an hearing with the VA in the event that you are dissatisfied with a decision by the federal VA. In the Appeals Modernization Act, there are three "lanes" available for an appeal that includes a supplemental claim, a higher level review or a Notice of Disagreement to the Board of Veterans Appeals. A VSO will assist you in determining which appeal/review option is best for your particular situation.

Appeal

The VA appeals process can be complicated and long. Based on which AMA lane is chosen and whether or not your case is handled in a priority manner or not, it could take a long time to receive the final decision. A veteran disability attorney can assist you in determining the best way to proceed and can make an appeal on your behalf, if needed.

There are three ways to appeal the denial of veterans' benefits However, each takes an varying amount of time. A lawyer can assist you in deciding which one is appropriate for your case and can explain the VA disability appeals process so that you know what you can expect.

If you wish to bypass the DRO review to submit your case directly to BVA the Board, you must fill out 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 can request an individual hearing before the BVA but it's not required.

A supplemental claim gives you the opportunity to provide new and relevant evidence to the VA. This includes medical evidence, but also non-medical evidence such as declarations from laypeople. An attorney can make these statements on behalf of you and also request 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.