How to File a Veterans Disability Case

Many veterans have medical problems when they join the military, but do not disclose them or treat them. They believe that the issues will go away after a time or improve.

However, as time goes by, those problems become more severe. Now they need VA help to get compensation. The VA isn't convinced by the VA.

Getting Started

Many veterans wait for a long time before making claims. Many veterans wait years before making a claim for disability. It is important to file a claim when the symptoms of disability become serious enough. If you are planning to submit a claim in the future you should let the VA know by submitting an intent to file form. This will enable you to establish an earlier effective date and will make it easier for you to get your back pay.

When you file the initial claim, it is important to include all relevant evidence. You must include all medical records from hospitals and clinics that pertain to the ailments or injuries you're planning to file a claim for, and military records.

When the VA receives your claim they will review it and gather additional evidence from you and your health care providers. Once they have the data they need, they will arrange for you to take an exam for compensation and pension (C&P) to determine your eligibility.

It is recommended to complete this as a part of your separation physical to ensure that it is documented as a disability that is service-connected, even when the rating is zero percent. This will make it much easier to apply for an increase in your rating should your condition get worse.

Documentation

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

Your VSO can assist you in gathering the necessary 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 disabling condition that was caused or made worse due to your service in the Armed Forces.

VA will then evaluate the evidence to determine your disability rating. This is accomplished by using a schedule drafted by Congress which specifies the types of disabilities that are eligible for compensation and in what percentage.

If VA determines that you have a qualifying disability, they will notify you of the decision in writing and send the relevant documents to Social Security for processing. If they determine that you do not have a qualifying impairment then the VSO returns the documents and you have the option to appeal the decision within a predetermined timeframe.

A VA lawyer can assist you to gather evidence for your claim. Our veterans advocate can obtain medical documentation and opinions from independent medical examiners as well as a letter from the VA treating physician about your disability.

Meeting with VSO VSO

A VSO can assist with a myriad of programs that go beyond disability compensation. These include vocational rehabilitation, employment, home loans and group life insurance. They also can assist with medical benefits and military burial benefits. They will review all of your records from service, and medical information to find out what federal programs you're eligible for and then complete the required paperwork to apply.

Many accredited representatives work for Veterans disability Lawsuit VA-accredited/federally chartered veterans disability law firm 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 dependent who is claims for any federal benefit.

Once the VA has received all of your evidence, they will go over it, and then give you the rating of disability according to the severity of your symptoms. A VSO will discuss your rating as well as any other state benefits for Vimeo which may be eligible, after you have received an answer from the federal VA.

The VSO can assist you in requesting an hearing with the VA when you disagree with a decision of the federal VA. The Appeals Modernization Act provides three "lanes" for an appeal. These are a supplemental claim or a review at a higher level or a notice of disagreement to the Board of Veterans Appeals. A VSO can help you decide which appeal/review options are best for your particular situation.

Appeals

The VA appeals process is complex and time-consuming. It could take a year or longer to receive a decision, based on the AMA route you choose and whether your case qualifies for priority processing. A veteran disability attorney can assist you in determining the best path to take and may file an appeal on your behalf in the event of a need.

There are three options to appeal the denial of Malvern Veterans Disability Lawsuit' benefits however each one requires an varying amount of time. A lawyer can help you decide 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 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 issue a Statement of Case (SOC). You can request an individual hearing before the BVA but it's not a requirement.

A supplemental claim is an chance to present new and relevant evidence to the VA. This can include medical evidence, but also non-medical proof like lay statements. An attorney can make these statements on your behalf and also request independent medical exams and a vocational expert's opinion. If the BVA rejects your supplemental claim you can appeal to the Court of Appeals for Veterans Claims.