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How to File a Veterans Disability Case

Many veterans experience medical issues when they enter the military, but don't divulge them or treat them. They believe that the issues will be gone after a period of time or improve.

As the years go by as time passes, the issues continue to get worse. Now, they need help from the VA to get compensation. The VA does not believe in the VA.

Getting Started

Many veterans disability compensation wait years before filing a claim for disability. They might believe that they can manage the problem or that it will disappear by itself, without treatment. Therefore, it is essential to initiate an application as soon as the symptoms of disability get serious enough. Let the VA know if you plan to file a claim on an earlier date by submitting an intention to file. This will enable you to establish an effective date that is more recent and will make it easier for you to claim your back pay.

It is vital to provide all the relevant documentation when you file your initial claim. This includes any medical clinics in the civilian sector and hospital records related to the illness or injuries you're planning to file a claim for, as well as any military documents related to your service.

The VA will examine your claim and request additional evidence from both 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.

It is recommended to complete this in conjunction with your separation physical so that it is recorded as a disability resulting from service, even if the rating is 0%. It is much easier to ask for an increase in rating if your condition gets worse.

Documentation

It is important that you provide all the required documentation to your VA disability lawyer in order to receive 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 know the impact of your disabilities on you.

Your VSO can assist you in gathering the necessary documentation. This could include medical records from the VA hospital and private physician's records, diagnostic tests and other evidence to prove that you suffer from a debilitating condition and veterans disability case that it was caused by or made worse by your service in the Armed Forces.

The next step is for VA to evaluate the evidence and determine your disability rating. This is done using a schedule drafted by Congress that specifies the 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 this decision in writing, and then send the appropriate documents to Social Security for processing. If they find that you don't have a qualifying impairment, the VSO returns the form and you are able to appeal the decision within a certain time period.

A VA attorney can help you collect evidence to support your claim. Our veterans disability lawsuit advocate can get medical documents and opinions from independent medical examiners as well as a letter from the VA treating physician about your condition.

Meeting with a VSO

A VSO can help with a wide range of programs, beyond disability compensation. They can help with vocational rehabilitation, employment, home loans and group life insurance. They also can assist with medical benefits as well as military burial benefits. They will review your medical records and service records to determine the federal programs available to you and then fill out 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 to represent the interests of a Veteran or dependent who is claims for any federal benefit.

Once the VA has all the evidence, they will review it and give you a disability score according to the severity of your symptoms. A VSO will discuss your rating, and additional state benefits, for which you may be eligible, after you have received a decision from the federal VA.

The VSO can assist you in requesting an hearing with the VA in the event that you are dissatisfied with a ruling of the federal VA. Under the Appeals Modernization Act, there are three "lanes" available for an appeal such as a supplemental appeal, an additional level review or a Notice of Disagreement with the Board of Veterans Appeals. A VSO can help you decide which appeal/review option is best for your particular situation.

Appeal

The VA appeals process can be complicated and lengthy. It could take up to a one year or more to get the outcome, depending on the AMA lane you choose and whether your case qualifies for priority processing. A veteran disability lawyer can assist you in determining the best route to take and can file an appeal on your behalf if necessary.

There are three options to appeal a veterans disability lawyers benefits denial, but each takes different amounts of time. A lawyer can help you determine which one is right for you and will explain the VA disability appeals process to help you are aware of what to expect.

If you want to skip the DRO review in order to go directly to BVA then you must submit 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 a private hearing before the BVA however it is not mandatory.

A supplemental claim is an opportunity to present new and relevant evidence to the VA. This could include medical evidence, but also non-medical proof such as lay statements. A lawyer can submit these statements and request independent medical examinations as well as a vocational expert's opinion on your behalf. If the BVA refuses your claim for supplemental benefits you can submit an appeal to the Court of Appeals for veterans disability law Claims.