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How to File a Veterans Disability Case

Many veterans go into military service with medical issues that they don't report or treat. They think they'll go away or get better after a while.

However, as time goes by, those problems become more severe. Now they need help from the VA to get compensation. The problem is that the VA isn't going to believe them.

Getting Started

Many veterans disability lawyers have to wait for years before filing a claim. Many veterans wait years before making a claim for disability. It is crucial to file a claim when the symptoms of disability are severe enough. If you're planning to make a claim in the future you should let the VA know by submitting an intent to submit form. This will help establish a earlier effective date, making it easier to recover money for the time you've missed out on because of your disability.

When you file the initial claim, it is important to provide all evidence relevant. You should include all medical records from civilian clinics and hospitals pertaining to the illnesses or injuries you're planning to file a claim for, and military records.

When the VA receives your claim they will review it and seek additional evidence from you and your health medical professionals. Once they have the data they need, they will schedule you for an exam for compensation and pension (C&P) to determine your eligibility.

This should be done in parallel with the separation physical, so that your disability is recorded as service-connected even if it is 0%. It is much easier to request an increase in rating if your condition gets worse.

Documentation

In order to obtain the benefits you are entitled to, it is vital to provide your VA disability lawyer with all the relevant documents. This may include service records, medical documentation and lay evidence such as letters from friends, family members or coworkers who know how your disabilities affect you.

Your VSO can assist you in obtaining the necessary documentation. This could include medical records from the VA hospital as well as private physician's reports diagnostic tests, and other evidence to show that you suffer from a debilitating condition and that it was caused or Veterans Disability law firms made worse due to your service in the Armed Forces.

VA will then examine the evidence to determine your disability rating. This is done with a schedule drafted by Congress that specifies which disabilities can be compensated and in what percentage.

If VA determines that you qualify for disability benefits, they will inform you in writing of their decision. They will also send all the necessary documents to Social Security. If they determine that you don't have a qualifying impairment and the VSO returns the documents and you have the option to appeal the decision within a specific timeframe.

A VA attorney can help you find evidence to support your claim. In addition to medical documentation Our Veterans Disability Law Firms advocate can seek opinions from independent medical examiners as well as a statement from your VA treating doctor regarding the impact of your disabilities on your life.

Meeting with a 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, military burial benefits, and many more. They will go through your medical records and service records to determine which federal programs are available to you and 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 an Veteran or dependent who has a claim to any federal benefit.

After the VA has received all of your evidence, they will examine it, and then assign a rating of disability depending on the severity of your symptoms. A VSO can discuss your rating, and additional state benefits, for which you could be eligible, with you after you have received a decision from the federal VA.

The VSO can assist you in requesting an interview with the VA in the event you disagree with a decision by the federal VA. In the Appeals Modernization Act, Veterans Disability law firms there are three "lanes" available for an appeal which include a supplemental claim higher-level review or a notice of disagreement to the Board of Veterans Appeals. A VSO can help you decide the best appeal/review option for your situation.

Appeals

The VA appeals process can be lengthy and complicated. It could take up to a time of up to a year before you receive the outcome, depending on the AMA choice you make and whether your case is eligible for priority processing. An experienced disability attorney can help you decide the best route to take and file an appeal on your behalf if necessary.

There are three options for appealing the denial of veterans' benefits, but each one takes a different amount of time. A lawyer can help you determine which option is best for your situation and explain the VA disability appeals process so that you know what to expect.

If you'd like to bypass the DRO review for you to directly submit your case 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 then issue an Statement of Case (SOC). You may request an individual hearing before the BVA but it's not a requirement.

A supplemental claim provides an opportunity to provide new and relevant evidence to the VA. This can include medical evidence, but also non-medical evidence such declarations from laypeople. An attorney can submit these statements on your behalf and also get independent medical exams and a vocational expert's opinion. If the BVA decides to deny your claim you can appeal to the Court of Appeals for Veterans Claims.

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