How to File a Veterans Disability Case

Many veterans join military service with health issues that they don't seek out or treat. They think they'll go away or get better after a time.

As time passes, these problems continue to get worse. They now require assistance from the VA to receive compensation. The VA does not believe the VA.

Getting Started

Many blanchard veterans disability attorney wait for a long time before filing an claim. Many veterans wait for Vimeo.Com years before making a claim for disability. This is why it is crucial to begin the process as soon as the disability symptoms become serious enough. If you plan to make a claim in the future and you are unsure of the procedure, let the VA be aware by submitting an intent to file form. This will help establish a earlier effective date, making it easier to receive money for the time you have already lost due to your disability.

When you file your initial claim, it is crucial to include all relevant evidence. This includes the medical clinics of civilians and hospital records pertaining to the injuries or illnesses you plan to claim as well as any military records pertaining to your service.

Once the VA accepts your claim they will examine it and gather additional evidence from you and your health medical professionals. Once they have all the data they require, they will make an appointment with you to take a Compensation and Pension Exam (C&P) to determine your rating.

It is best to do this prior to your separation physical to ensure it is recognized as a service-connected disability even if the rating is 0 percent. It is much easier to ask for an increase in rating in the event that your condition gets worse.

Documentation

It is vital that you supply all the necessary documentation to your VA disability lawyer to ensure that you receive the benefits to which you are entitled. This can include medical documents, service records as well as letters from family members, friends or coworkers who are aware of the impact of your disability on you.

Your VSO can assist you in obtaining the necessary documentation. This could include medical records from the VA hospital, private physician's reports diagnostic tests, and other evidence to show that you suffer from a disabling condition and that it was caused by or worsened due to your service in the Armed Forces.

The next step is for VA to evaluate the evidence and determine your disability rating. This is accomplished using the schedule created by Congress that designates which disabilities are eligible for compensation and at 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 relevant documents to Social Security. If they conclude that you don't have a qualifying disability then the VSO returns the document and you can appeal the decision within a certain time period.

A VA lawyer can assist you to get the evidence you need to prove your claim. In addition to medical documentation our veterans advocate can get opinions from independent medical examiners, as well as an opinion from your VA treating physician on the impact of your disabilities on your daily life.

Meeting with a VSO

A VSO can assist with a variety of programs, beyond disability compensation. They can help with vocational rehabilitation as well as employment, home loans and group life insurance. They can also assist with medical benefits as well as military burial benefits. They will go over all of your records from service, and medical records to figure out which federal programs you are eligible for and to complete the necessary paperwork required 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 dependent who is claims for any federal benefit.

Once the VA receives all of your evidence, they will examine it, and then give you a rating of disability according to the severity of your symptoms. A VSO can discuss your rating as well as any other state benefits to which you might be eligible with you when you receive a decision from the federal VA.

The VSO can also help you request an appeal to the VA to resolve an issue if you disagree with a decision taken by the federal VA. In the Appeals Modernization Act, there are three "lanes" available for an appeal that includes a supplemental claim, an additional level review or a Notice of Disagreement with the Board of Veterans Appeals. A VSO can assist you in deciding the best appeal/review option for your situation.

Appeal

The VA appeals process is complicated and lengthy. It could take a time of up to a year before you receive a decision, depending on the AMA choice you make and whether your case is eligible for priority processing. A veteran disability lawyer can help you decide the best way to proceed and file an appeal on your behalf in the event of a need.

There are three ways to appeal a veterans benefits denial Each one requires different amounts of time. A lawyer can help you determine the best option for your situation, and also explain the VA disability claims process to help you understand what you can expect.

If you'd like to bypass the DRO review to go directly to BVA the Board, you must fill out Form 9 and wait for the regional office to transfer the file to the Board. The BVA will then issue an Statement of Case (SOC). You can request an individual hearing before the BVA but it isn't mandatory.

A supplemental claim is an opportunity to present fresh and relevant evidence to the VA. This can include medical evidence, but also non-medical evidence such statements made by laypeople. A lawyer can submit these statements and request independent medical examinations as well an expert's opinion from a vocational specialist on your behalf. If the BVA declines your supplemental claim, you can submit an appeal to the Court of Appeals for Veterans Claims.