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How to File a Veterans Disability Case
Many veterans who join the military suffering from medical conditions that they don't report or treat. They think that they'll be cured or disappear after a while.
However, as time goes by, those problems become more severe. They now require assistance from the VA to receive compensation. The VA does not believe the VA.
Getting Started
Many veterans disability lawyers wait for years before filing a disability claim. Many veterans wait years before filing a disability claim. For this reason, it is essential to initiate filing a claim as soon the symptoms of disability become serious enough. Let the VA know if you intend to file a claim at a later date by submitting an intent to file. This will establish an earlier effective date, which makes it easier to claim back money for the time you've lost due to your disability.
When you file the initial claim, you need to provide all evidence relevant. You should include all medical records from civilian hospitals and clinics that pertain to the ailments or injuries you are planning to claim and military records.
The VA will examine your claim and gather additional evidence from you and your healthcare providers. Once they have the data they need, they will arrange for you to take a compensation and pension exam (C&P) to help them decide your rating.
This should be done in conjunction with the separation physical, so that your condition is recognized as service-connected even if it's 0%. This will make it much easier to file for an increase in your rating in the event that your condition gets worse.
Documentation
In order to obtain the benefits you are entitled to, it's essential that you provide your VA disability lawyer with all of the relevant documents. This can include medical records, service records and letters from friends, relatives or coworkers that know how your disability affects you.
Your VSO can assist you in obtaining the necessary documentation. This can include medical records from the VA Hospital or a private doctor's report as well as diagnostic tests and other evidence that shows that you have a disabling 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 by using a schedule designed by Congress that designates which disabilities are eligible to be compensated and in what percentage.
If VA determines that you qualify for disability benefits, they will notify you in writing of their decision. They will also send all the necessary documents to Social Security. If they find that you don't have a qualifying disability and the VSO returns the form and you are able to appeal the decision within a certain timeframe.
A VA lawyer in Kalamazoo can assist you in gathering the evidence needed for your claim. Our veterans advocate can also obtain medical records and opinions from independent medical examiners as well as a statement from the VA treating physician regarding your disability.
Meeting with VSO VSO
A VSO can assist with a wide range of programs, beyond disability compensation. These include vocational rehabilitation, employment, home loans and group life insurance. They can also assist with medical benefits and burial benefits. They will look over all of your records from service, and medical records to figure out which federal programs you're qualified for and will complete the necessary paperwork to apply.
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 to represent any Veteran or a dependent with a claim of any federal benefit.
When the VA has all of your evidence, they will go through it and assign a disability rating based on the severity of your symptoms. When you are given a determination by the federal VA, an VSO can discuss with you your rating and any additional benefits from the state that you might be entitled to.
The VSO can also help you request an appeal to the VA to resolve a problem in case you disagree with a decision of the federal VA. In the Appeals Modernization Act, there are three "lanes" available for an appeal: a supplemental claim, a higher level review or an appeal 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. Depending on which AMA choice is made and whether or not your case qualifies to be handled in a priority manner and it could take some time to get an official decision. A veteran disability lawyer can help you determine the best path to follow and can file a formal appeal on your behalf, if required.
There are three options to appeal a veterans benefits denial Each one requires different amounts of time. A lawyer can assist you in deciding which option is best for your situation and explain the VA disability appeals process to help you know what you can expect.
If you wish to bypass the DRO review to directly go to BVA the BVA, then complete 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 an individual hearing before the BVA but it's not required.
A supplemental claim provides you with the chance to submit new and relevant evidence to the VA. This includes medical proof, but also non-medical evidence such lay statements. An attorney can submit these statements on behalf of you and also get independent medical examinations and a vocational expert opinion. If the BVA refuses your claim for supplemental benefits, you can submit an appeal to the Court of Appeals for Veterans Claims.