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How to File a Veterans Disability Case

Many veterans who join the military with medical problems that they don't seek out or treat. They think they'll disappear or improve after a while.

As time passes as time passes, the issues get worse. They now require the VA's assistance to receive compensation. The problem is that the VA won't accept their claims.

Getting Started

Many Veterans disability lawyer wait for years before making a claim. Many veterans wait for years before filing a disability claim. Therefore, it is essential to initiate an application as soon as the symptoms of disability become serious enough. Let the VA know that you intend to make a claim at a later date by submitting an intention to file. This will allow you to establish an earlier effective date and will make it easier for you to claim your back pay.

It is vital to include all relevant proof when you file your initial claim. You should include all medical records from hospitals and clinics pertaining to the ailments or injuries you plan to claim and military records.

The VA will examine your claim and request additional evidence from you and your healthcare providers. Once they have the data they need, they will schedule you for an examination to determine your compensation and pension (C&P) to determine your eligibility.

This must be done in tandem with the separation physical, to ensure that your disability is categorized as service-connected even if it is 0 percent. This will make it easier to apply for an increase in your rating when your condition becomes worse.

Documentation

It is essential to provide all the necessary documentation to your VA disability lawyer in order to get the benefits to which you are entitled. This can include medical documents, service records, and letters from friends, relatives or coworkers who are aware of how your disability affects you.

Your VSO can help you gather the required documentation. This could include medical records from the VA hospital or private physician's report as well as diagnostic tests and other evidence to show that you suffer from a chronic condition that was caused by or worsened by your service in the Armed Forces.

The next step is for VA to assess the evidence and determine your disability rating. This is done with an established schedule by Congress that defines the types of disabilities that are eligible for compensation and in what percentage.

If VA finds that you suffer from a qualifying disability, they will inform you of their decision in writing. They will then forward the relevant documents to Social Security for processing. If they conclude that you don't have a qualifying disability, the VSO returns the documents and you have the option to appeal the decision within a specified time period.

A VA attorney can help you find evidence to support your claim. Our veterans advocate can obtain medical documentation and opinions from independent medical examiners, and a written statement from the VA treating doctor regarding your condition.

Meeting with a VSO

A VSO can help with a myriad of programs that go beyond disability compensation, including vocational rehabilitation and employment such as home loans, group life insurance medical benefits, military burial benefits, and more. They will go through your medical and service records to determine which federal programs are accessible to you, and fill the necessary 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 disability law firm, Servicemembers, and their families. They are authorized to represent any Veteran or dependent with a claim of any federal benefit.

After the VA receives all your evidence, they will go over it, and assign the disability rating based on your severity of symptoms. A VSO will discuss your rating and any additional state benefits for which you might be eligible with you once you receive a decision from the federal VA.

The VSO can also help you request an appointment with the VA to resolve an issue when you are not satisfied with a decision taken by the federal VA. The Appeals Modernization Act provides three "lanes" to appeal. They are a supplementary claim, or a more thorough review or a written notice of disagreement to the Board of Veterans Appeals. A VSO will assist you in determining which appeal/review option is best for your situation.

Appeals

The VA appeals process is complicated and lengthy. Based on which AMA lane is chosen and if your case is eligible to be handled in a priority manner and it could take some time to get the final decision. A veteran disability attorney can assist you in determining the best path to take and can make an appeal on your behalf in the event of a need.

There are three avenues to appeal the denial of veterans' benefits, but each one takes the time in a different way. A lawyer can assist you in deciding which one is appropriate for your case and can explain the VA disability appeals procedure so that you understand what to expect.

If you want to skip the DRO review in order to directly go to BVA the Board, you must submit 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 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 proof, but also non-medical evidence, such as statements made by laypeople. An attorney can present these statements on your behalf and also obtain independent medical exams and a vocational expert opinion. If the BVA declines your supplemental claim, you can submit an appeal to the Court of Appeals for Veterans Claims.