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How to File a Veterans Disability Case
Many veterans suffer from medical issues as they join the military, but they don't declare them or address them. They think that they'll go away or get better after a time.
As time passes as time passes, the issues continue to get worse. Now they need VA assistance to receive compensation. The VA does not believe in the VA.
Getting Started
Many veterans have to wait for years before filing a claim for disability. Many veterans wait years before filing a disability claim. It is crucial to file a claim as soon as the symptoms of disability become severe enough. Let the VA know if you intend to file a claim on later dates by submitting an intention to file. This will allow for a later effective date, which will make it easier to claim back your money for time you've already missed due to your disability.
When you file the initial claim, it is crucial to include all relevant evidence. Include all medical records from civilian hospitals and clinics related to the injuries or illnesses you're planning to file a claim for, and military documents.
The VA will examine your claim and request additional evidence from both you and your healthcare providers. Once they have all the data they require, they will schedule an appointment for you to take the Compensation and Pension Exam (C&P) in order to determine your rating.
This must be done in tandem with the separation physical so that your condition is recorded as service-connected even if the disability is not a%. This will make it much easier to apply for an increased rating later should your condition get worse.
Documentation
It is essential to 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 documents, service records, and letters from relatives, friends or coworkers that know how your disability affects you.
Your VSO can help you gather the necessary documentation. This could include medical records from the VA Hospital and a private physician's report or diagnostic tests, and other evidence that shows that you suffer from a chronic illness and that your service in Armed Forces caused or worsened it.
The next step is for VA to evaluate the evidence and determine your disability rating. This is done using an established schedule by Congress that defines the types of disabilities that are eligible for compensation and in what percentage.
If VA determines that you are suffering from a qualifying disability, they will notify you of the decision in writing. They will then forward the relevant documents to Social Security for processing. If they conclude that you do not have a qualifying disability then the VSO will return the document to you, and you can appeal this decision within a set time.
A VA attorney in Kalamazoo can assist you in gathering the evidence needed to support your claim. In addition to medical evidence, our veterans disability lawsuits advocate can obtain opinions from independent medical examiners as well as a letter from your VA treating physician on the impact of your disabilities on your life.
Meeting with a VSO
A VSO can help with a variety of programs that go beyond disability compensation, such as vocational rehabilitation and employment such as home loans, group life insurance medical benefits as well as military burial benefits and many more. They will go over all of your documents from your military service, and medical information to find out what federal programs you're eligible for and to complete the necessary paperwork 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 veterans disability dependent with an application for any federal benefit.
When the VA has all the evidence, they will review it and determine a disability rating in accordance with the severity of your symptoms. When you are given a determination by the federal VA, the VSO will be able to discuss with you your rating and any additional state benefits that you may be entitled to.
The VSO can also assist you to request a hearing with the VA to resolve an issue in the event that you do not agree with a decision made by the federal VA. Under the Appeals Modernization Act, there are three "lanes" that can be used to appeal: a supplemental claim, an additional level review or a Notice of Disagreement to the Board of Veterans Appeals. A VSO will help you determine which appeal or review option is appropriate for your particular situation.
Appeal
The VA appeals process is complicated and long. Depending on the AMA option is selected and if your case qualifies to be treated with priority, it can take several months to receive an official decision. A veteran disability lawyer can help you determine the best course of action and may file a formal appeal on behalf of you if needed.
There are three ways to appeal the denial of veterans' benefits however each one requires an varying amount of time. A lawyer can assist you in deciding which one is right for you and will explain the VA disability appeals process so that you are aware of 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 can request an individual hearing before the BVA but it's not a requirement.
A supplemental claim gives you the opportunity to present fresh and relevant evidence to the VA. This includes medical proof, but also non-medical evidence like lay statements. A lawyer can make these statements and get independent medical examinations as well an opinion of a vocational expert on your behalf. If the BVA denies your supplemental claim, you can submit an appeal to the Court of Appeals for Veterans Claims.