How to File a Veterans Disability Case
Many veterans have medical issues after they join the military, but don’t divulge them or treat them. They figure they will disappear or improve after a while.
But as time passes, the problems become more severe. Now they need the VA’s assistance to receive compensation. The problem is that the VA won’t accept their claims.
Getting Started
Many veterans are waiting for years before filing a claim. Many veterans wait years before filing a disability claim. It is essential to file a claim when the symptoms of disability become serious enough. Let the VA know if you intend to make a claim at later time by submitting an intent to file. This will help you establish an effective date that is more recent and 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 should include all medical records from civilian hospitals and clinics pertaining to the injuries or illnesses you intend to claim, as well as military records.
Once the VA receives your claim, they will review it and seek additional evidence from you and your health healthcare providers. Once they have all of the information they require, they’ll arrange an appointment for you to take an exam for Compensation and Pension (C&P) in order to determine your eligibility.
It is recommended to do this as a part of your separation physical so that it is recorded as a disability that is service-connected, even when the rating is zero percent. It is easier to request an increase in rating in the event that your condition worsens.
Documentation
It is vital that you provide all the necessary documentation to your VA disability lawyer to ensure that you receive the benefits to which you are entitled. This could include medical documents, service records and letters from family members, friends or colleagues who understand how your disability affects you.
Your VSO can assist you in gathering the required documentation. This could include medical records from the VA Hospital as well as a private physician’s note as well as diagnostic tests and other evidence that shows that you have a disabling illness and that your service in Armed Forces caused or worsened it.
VA will then assess the evidence to determine your disability rating. This is done using the schedule created by Congress that designates which disabilities are eligible to be compensated and at what percentage.
If VA determines that you are suffering from a qualifying disability, they will inform you of this decision in writing, and then send the relevant documents to Social Security for processing. If they determine that you don’t have a qualifying impairment then the VSO returns the document to you and you may appeal the decision within a certain time frame.
A VA lawyer can assist you to find evidence to support your claim. Our elon veterans disability lawyer advocate can also get medical documents and opinions from independent medical examiners and a written statement from the VA treating physician about your condition.
Meeting with VSO VSO
A VSO can help with a range of programs beyond disability compensation, such as vocational rehabilitation and employment loans for home, group life insurance medical benefits including military burial benefits and more. They will review your medical records and service records to determine the federal programs available to you and then fill in the required paperwork.
Many accredited representatives work for VA-accredited/federally chartered pocatello veterans Disability Attorney 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 a dependent who has the claim of any federal benefit.
Once the VA receives all the evidence they will review it, and assign the disability rating depending on the severity of your symptoms. Once you receive a decision by the federal VA, a VSO will discuss with you your ratings and any additional state benefits that you may be entitled to.
The VSO can help you request an appointment with the VA in the event that you are dissatisfied with a ruling of the federal VA. The Appeals Modernization Act provides three “lanes” for appeals. These are a supplemental 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/review options are best for your situation.
Appeal
The VA appeals process can be complicated and lengthy. It could take a time of up to a year before you receive the outcome, depending on the AMA option you select and if your case qualifies for priority processing. A veteran disability lawyer can help you determine the best route to take and can file a formal appeal on your behalf if 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 decide the best option for your situation and explain the VA disability claims process to help you understand what to expect.
If you decide to forgo the DRO review and go directly to the BVA you must file a Form 9 formal appeal and wait for your regional office to forward your case to the Board. The BVA will issue a Statement Of Case (SOC). You can request a personal hearing before the BVA however, it is not required.
A supplemental claim provides you with the opportunity to provide fresh and relevant evidence to the VA. This could include medical evidence and non-medical evidence such as lay statements. An attorney can present these statements on your behalf and also get independent medical examinations and a vocational expert opinion. If the BVA refuses your claim for supplemental benefits You can file an appeal to the Court of Appeals for Veterans Claims.
