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How to File a Veterans Disability Case
Many veterans who join the military with medical issues that they don't report or treat. They think they'll go away or get better after a time.
As time passes as time passes, the issues get worse. Now they need VA assistance to receive compensation. The VA does not believe in the VA.
Getting Started
Many veterans are waiting for years before filing a disability claim. Many veterans disability attorneys wait years before making a claim for disability. It is important to start the process as soon as the symptoms of disability become serious enough. If you plan to make a claim in the future then inform the VA be aware by submitting an intent to file form. This will establish an earlier effective date, which makes it easier to get back payment for time that you've been denied due to your disability.
When you file the initial claim, it is important to provide all evidence relevant. This includes the medical clinics of civilians and hospital records regarding the ailments or injuries you are planning to file a claim for, as well as any military records related to your service.
The VA will review your claim and collect additional evidence from you and your healthcare providers. Once they have all the evidence they require, they will set up an appointment to take an exam for Compensation and Pension (C&P) to determine your eligibility.
It is recommended to complete this prior to your separation physical so that it is documented as a service-connected disability, even when the rating is only 0 percent. This will make it simpler to obtain an increased rating later if your condition worsens.
Documentation
It is important that you provide all the required documentation to your VA disability lawyer to be able to claim the benefits to which you are entitled. This can include medical documents, service records, and letters from friends, relatives or coworkers who know how your disability affects you.
Your VSO can help you gather the required documentation. This may include medical records from the VA hospital, private physician's reports, diagnostic tests and other evidence to prove that you suffer from a debilitating condition and that it was caused by or made worse by your service in the Armed Forces.
VA will then assess the evidence to determine your disability rating. This is done by using a schedule created by Congress that defines which disabilities are compensable and at what percentage.
If VA finds that you suffer from a qualifying disability, they will inform you of this decision in writing and send the relevant documents to Social Security for processing. If they decide that you do not have a qualifying impairment then the VSO returns the document to you and you may appeal the decision within a predetermined timeframe.
A VA lawyer in Kalamazoo can assist you in obtaining the evidence you need to support your claim. Our veterans disability attorneys advocate can also obtain medical documentation and opinions from independent medical examiners as well as a statement from the VA treating physician regarding your condition.
Meeting with VSO VSO
A VSO can help with a wide range of programs that go beyond disability compensation, including vocational rehabilitation and employment such as home loans, group life insurance medical benefits as well as military burial benefits and many more. They will review your medical and service records to determine the federal programs available to you and fill out the required paperwork.
Many accredited representatives work for VA-accredited/federally chartered veterans service organizations (VSOs), veterans Disability lawyer which are private non-profit groups that advocate on behalf of Veterans, Servicemembers, and their families. They are authorized to represent any Veteran or dependent who is the claim of any federal benefit.
Once the VA receives all of your evidence they will review it, and then assign a rating of disability according to the severity of your symptoms. A VSO can discuss your ratings and any additional state benefits, for which you could be eligible, after you have received an answer from the federal VA.
The VSO can also assist you to request an appeal to the VA to resolve an issue in case you disagree with a decision taken by the federal VA. The Appeals Modernization Act provides three "lanes" for an appeal. These are a supplemental claim, or a more thorough review or a notice of disagreement to the Board of Veterans Appeals. A VSO can assist you in deciding the best appeal/review option for your situation.
Appeal
The VA appeals procedure can be complex and long. It can take a time of up to a year before you receive the outcome, depending on the AMA route you choose and if your case qualifies for priority processing. A veteran disability attorney can help you decide the best path to take and may make an appeal on your behalf in the event of a need.
There are three ways to appeal the denial of benefits to veterans disability lawyer Each one of them requires an varying amount of time. A lawyer can help you decide the best option for your particular situation, and explain the VA disability claims process to help you understand what to expect.
If you want to forgo the DRO review and instead go directly to the BVA, you must submit a Form 9 formal appeal and wait for your regional office to forward your case 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 provides you with the opportunity to provide 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 also obtain independent medical tests as well as a vocational expert's opinion on your behalf. If the BVA denies your supplemental claim you may file an appeal to the Court of Appeals for Veterans Claims.