How to File a Veterans Disability Case
Many veterans suffer from medical issues when they join the military, but do not disclose them or treat them. They think that the problems will disappear over time or improve.
However, as time goes by, those problems become more severe. They now require assistance from the VA to receive compensation. The VA doesn’t believe the VA.
Getting Started
Many veterans disability lawyer have to wait for years before filing a disability claim. They might think that they can manage the issue or believe that it will go away by itself, without treatment. It is important to file a claim as soon as the symptoms of disability become severe enough. If you plan to make a claim in the future, let the VA know by submitting an intent to file form. This will establish an earlier effective date, which will make it easier to recover payment for time that you’ve missed due to your disability.
When you file the initial claim, it’s important to include all relevant evidence. It is essential to 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 documents.
The VA will examine your claim and gather additional evidence from you and your healthcare providers. Once they have all the data they require, they’ll schedule an appointment for you to take the Compensation and Pension Exam (C&P) to determine your rating.
It is recommended to do this prior to your separation physical to ensure that it is recognized as a disability resulting from service, even when the rating is zero%. It is much easier to ask for an increase in your rating if your condition becomes worse.
Documentation
It is important that you provide all the necessary documentation to your VA disability lawyer in order to receive the benefits to which you are entitled. This can include medical records, service records and other evidence of a lay nature, such as letters from relatives, friends members or coworkers who know how your disabilities affect you.
Your VSO can help you gather the necessary documentation. This may include medical records from the VA hospital or private physician’s report as well as diagnostic tests and other evidence to show that you have a chronic condition that was caused by or worsened through your service in the Armed Forces.
The next step is for VA to examine the evidence and determine your disability rating. This is done by using the schedule created by Congress that specifies the disabilities that are eligible for compensation and in what percentage.
If VA finds that you have a qualifying disability, they will inform you of this decision in writing. They will then forward the relevant documents to Social Security for processing. If they conclude that you don’t have a qualifying disability, the VSO will return the document to you and you can appeal this decision within a specified time.
A VA lawyer can assist you to gather evidence for your claim. In addition to medical records our veterans disability law firms advocate will get opinions from independent medical examiners as well as a statement from your VA treating doctor regarding the impact of your disability on your life.
Meeting with VSO VSO
A VSO can assist with a variety of programs, beyond disability compensation. These include 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 through your medical records and service records to determine which federal programs are accessible to you, and fill with the required forms.
Many accredited representatives work for VA-accredited/federally chartered veterans disability law firms service organizations (VSOs), which are private non-profit groups that advocate on behalf of Veterans, Servicemembers, and their families. They are legally able to represent a Veteran or their dependents or survivors with a claim for any federal benefit.
When the VA receives all the evidence, they will go over the evidence, and then assign an assessment of disability in accordance with the severity of your symptoms. A VSO can discuss your ratings as well as any other state benefits to which you might be eligible with you once you receive a decision from the federal VA.
The VSO can help you request an hearing with the VA when you disagree with a decision made by the federal VA. The Appeals Modernization Act provides three “lanes” for appeals. These include a supplementary claim or a review at a higher level or a notification of disagreement to the Board of Veterans Appeals. A VSO can help you decide which appeal or review option is best for your situation.
Appeals
The VA appeals process is complicated and lengthy. Based on which AMA lane is chosen and whether or not your case is eligible to be treated with priority, it can take an extended time to receive an answer. A veteran disability lawyer can help you determine the best route to take and may file a formal appeal on your behalf when required.
There are three avenues to appeal the denial of benefits to veterans, but each one takes a different amount of time. A lawyer can help you determine which one is appropriate for your case and can explain the VA disability appeals process to help you understand what to expect.
If you want to forgo the DRO review and go directly to the BVA You must submit a Form 9 formal appeal and wait for your regional office to transfer your case to the Board. The BVA will issue a Statement of Case (SOC). You may request an individual hearing before the BVA but it’s not a requirement.
A supplemental claim provides you with the chance to present new and relevant evidence to the VA. This could include medical evidence and non-medical evidence like lay statements. An attorney can submit these statements on behalf of you and also obtain independent medical exams and a vocational expert opinion. If the BVA declines your supplemental claim you can submit an appeal to the Court of Appeals for Veterans Claims.
