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How to File a Veterans Disability Case

Many veterans disability lawsuit go into military service suffering from medical conditions that they don't seek out or treat. They believe that they will go away or get better after a while.

As time passes and the conditions continue to get worse. They now require assistance from the VA to get compensation. The VA does not believe the VA.

Getting Started

Many veterans wait years before filing a claim for disability. Many veterans wait years before making a claim for disability. For this reason, it is crucial to begin an application as soon as the symptoms of disability become serious enough. Let the VA know that you intend to file your claim at a later date by submitting an intent to file. This will help establish a earlier effective date, making it easier to recover payment for time that you have already missed out on because of your disability.

When you file your initial claim, you need to include all relevant evidence. You must include all medical records from hospitals and clinics related to the ailments or injuries you are planning to claim as well as military records.

Once the VA receives your claim, they will review it and collect additional evidence from you and your health healthcare providers. Once they have the data they need, they will schedule you for a compensation and pension exam (C&P) to determine your rating.

This should be done in parallel with the separation physical to ensure that your disability is recognized as service-connected even if it's 0 percent. This will make it easier to file for an increase in your rating in the event that your condition gets worse.

Documentation

It is important that you supply all the necessary documentation to your VA disability lawyer in order to get the benefits to which you are entitled. This may include service records, medical documentation and other evidence of a lay nature, such as letters from friends, family members, or coworkers who understand how your disabilities affect you.

Your VSO can assist you in gathering the necessary documentation. This could include medical records from the VA Hospital and a private physician's report, diagnostic tests, and other evidence that proves you suffer from a chronic illness and that your participation in Armed Forces caused or worsened it.

The next step is for VA to review the evidence and determine your disability rating. This is done with a schedule created by Congress which specifies the types of disabilities that are eligible for compensation and at what percentage.

If VA finds that you qualify for disability benefits, they will notify you in writing of their decision and forward all the relevant documents to Social Security. If they conclude that you don't have a qualifying disability, the VSO returns the form and you are able to appeal the decision within a specific time period.

A VA lawyer can assist you to find evidence to support your claim. In addition to medical evidence, our veterans advocate can seek opinions from independent medical examiners as well as an opinion from your VA treating doctor on the impact of your disability on your life.

Meeting with VSO VSO

A VSO can assist with a wide range of programs, beyond disability compensation. They can help with vocational rehabilitation and employment, home loan and group life insurance. They also can assist with medical benefits and military burial benefits. 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 authorized by law to represent a Veteran or dependent with a claim for any federal benefit.

After the VA has received all of your evidence, they will go over the evidence, and then assign the disability rating in accordance with the severity of your symptoms. Once you receive a decision by the federal VA, an VSO will be able to discuss with you the ratings and any additional state benefits that you may be entitled to.

The VSO can also help you request an appeal to the VA to resolve a problem if you disagree with a decision of the federal VA. In the Appeals Modernization Act, there are three "lanes" available for an appeal which include a supplemental claim a higher level review or an appeal to the Board of Veterans Appeals. A VSO can help you decide which appeal or review options are appropriate for your situation.

Appeal

The VA appeals process can be lengthy and complicated. It could take a full time of up to a year before you receive an answer, based on the AMA lane you choose and if your case qualifies for priority processing. A veteran disability lawyer can help you decide the best way to proceed and can file an appeal on your behalf in the event of a need.

There are three options to appeal the denial of veterans' benefits however each one requires a different amount of time. A lawyer can help you determine which one is the most appropriate for your particular situation, and also explain the VA disability claims process so that you know what to expect.

If you'd like to skip the DRO review to submit your case directly to BVA then you must fill out Form 9 and wait for the regional office to transfer the file to the Board. The BVA will then issue a Statement of the Case (SOC). You can request a private hearing before the BVA but it is not required.

A supplemental claim provides you with the opportunity to provide new and relevant evidence to the VA. This can include medical evidence, but also non-medical evidence like statements made by laypeople. Lawyers can present these statements and request independent medical tests as well as a vocational expert's opinion on your behalf. If the BVA declines your supplemental claim you can submit an appeal to the Court of Appeals for Veterans Claims.