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How to File a Veterans Disability Case
Many veterans go into military service with medical issues which they don't report or treat. They think that the problems will disappear over time or improve.
As time passes as time passes, the issues get worse. They now require the VA's assistance to obtain compensation. The problem is that the VA will not believe them.
Getting Started
Many veterans wait for years before submitting a disability claim. They might believe that they can manage the issue or think it will go away on its own without treatment. For this reason, it is essential to initiate filing a claim as soon the symptoms of disability become serious enough. If you are planning to submit a claim in the future then let the VA know by filing an intent to submit form. This will set a more effective date, which will make it easier to receive your money for time you have already lost due to your disability.
When you file your initial claim, you need to provide all evidence relevant. Include all medical records from civilian hospitals and clinics pertaining to the injuries or illnesses you plan to claim as well as military documents.
Once the VA has received your claim, they will examine it and gather additional evidence from you and your health medical professionals. Once they have all the information they require, they'll schedule an appointment for you to take an exam for Compensation and Pension (C&P) to determine your rating.
It is recommended to do this prior to your separation physical so that it is documented as a disability resulting from service, even in the event that the rating is 0 percent. This will make it easier to file for an increased rating later should your condition get worse.
Documentation
In order to obtain the benefits you are entitled to, it is crucial to provide your VA disability lawyer with all the relevant documents. This could include medical documents, service records, and letters from friends, relatives or colleagues who understand the impact of your disability on you.
Your VSO can assist you in gathering the required documentation. This can include medical records from the VA Hospital and a private physician's report and diagnostic tests, as well as other evidence to prove that you are suffering from a condition that is disabling and that your participation in Armed Forces caused or worsened it.
The next step is for VA to assess the evidence and determine your disability rating. This is done with a schedule drafted by Congress that defines which disabilities are eligible to be compensated and in what percentage.
If VA finds that you suffer from a qualifying disability, they will notify you of their decision in writing, and then send the relevant documents to Social Security for processing. If they determine that you do not have a qualifying disability, the VSO will return the document to you, and they will allow you to appeal the decision within a specific time.
A VA lawyer can assist you to collect evidence to support your claim. In addition to medical evidence our veterans advocate can get opinions from independent medical examiners, as well as a letter from your VA treating physician regarding the impact of your disabilities on your life.
Meeting with a VSO
A VSO can help with a myriad of programs that go beyond disability compensation, including vocational rehabilitation and employment loans for home, group life insurance medical benefits as well as military burial benefits and more. They will look over all of your service records, and medical information to find out the federal programs you're qualified for and will fill out the necessary paperwork required to apply.
Many accredited representatives work for VA-accredited/federally chartered veterans disability attorneys 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 with an application for any federal benefit.
When the VA receives all your evidence, they will go over it, and then assign an assessment of disability in accordance with the severity of your symptoms. When you are given a determination by the federal VA, you will be contacted by a VSO will discuss with you your ratings and any additional state benefits that you might be entitled to.
The VSO can help you request an hearing with the VA in the event you disagree with a decision made by the federal VA. The Appeals Modernization Act provides three "lanes" to appeal. They are a supplementary claim, or a more thorough review or a notification of disagreement to the Board of Veterans Appeals. A VSO will help you determine which appeal or review option is appropriate for your situation.
Appeal
The VA appeals process can be complex and long. Depending on which AMA route is chosen and if your case is eligible to be handled in a priority manner, it can take several months to receive an answer. A veteran disability lawyer can assist you in determining the best route to take and make an appeal on your behalf in the event of a need.
There are three ways to appeal a denial of benefits to veterans disability lawyer however each one takes different amounts of time. A lawyer can help decide which option is the best for your particular situation, and explain the VA disability claims process so you know what you can 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 file to the Board. The BVA will issue a Statement of Case (SOC). You can request a private hearing before the BVA however, it isn't required.
A supplemental claim provides you with the chance to present new and relevant evidence for the VA. This can include medical evidence, but also non-medical proof like lay statements. An attorney is able to submit these statements on your behalf and can also obtain independent medical exams and a vocational expert opinion. If the BVA rejects your supplemental claim you can submit an appeal to the Court of Appeals for Veterans Claims.
Many veterans go into military service with medical issues which they don't report or treat. They think that the problems will disappear over time or improve.
As time passes as time passes, the issues get worse. They now require the VA's assistance to obtain compensation. The problem is that the VA will not believe them.
Getting Started
Many veterans wait for years before submitting a disability claim. They might believe that they can manage the issue or think it will go away on its own without treatment. For this reason, it is essential to initiate filing a claim as soon the symptoms of disability become serious enough. If you are planning to submit a claim in the future then let the VA know by filing an intent to submit form. This will set a more effective date, which will make it easier to receive your money for time you have already lost due to your disability.
When you file your initial claim, you need to provide all evidence relevant. Include all medical records from civilian hospitals and clinics pertaining to the injuries or illnesses you plan to claim as well as military documents.
Once the VA has received your claim, they will examine it and gather additional evidence from you and your health medical professionals. Once they have all the information they require, they'll schedule an appointment for you to take an exam for Compensation and Pension (C&P) to determine your rating.
It is recommended to do this prior to your separation physical so that it is documented as a disability resulting from service, even in the event that the rating is 0 percent. This will make it easier to file for an increased rating later should your condition get worse.
Documentation
In order to obtain the benefits you are entitled to, it is crucial to provide your VA disability lawyer with all the relevant documents. This could include medical documents, service records, and letters from friends, relatives or colleagues who understand the impact of your disability on you.
Your VSO can assist you in gathering the required documentation. This can include medical records from the VA Hospital and a private physician's report and diagnostic tests, as well as other evidence to prove that you are suffering from a condition that is disabling and that your participation in Armed Forces caused or worsened it.
The next step is for VA to assess the evidence and determine your disability rating. This is done with a schedule drafted by Congress that defines which disabilities are eligible to be compensated and in what percentage.
If VA finds that you suffer from a qualifying disability, they will notify you of their decision in writing, and then send the relevant documents to Social Security for processing. If they determine that you do not have a qualifying disability, the VSO will return the document to you, and they will allow you to appeal the decision within a specific time.
A VA lawyer can assist you to collect evidence to support your claim. In addition to medical evidence our veterans advocate can get opinions from independent medical examiners, as well as a letter from your VA treating physician regarding the impact of your disabilities on your life.
Meeting with a VSO
A VSO can help with a myriad of programs that go beyond disability compensation, including vocational rehabilitation and employment loans for home, group life insurance medical benefits as well as military burial benefits and more. They will look over all of your service records, and medical information to find out the federal programs you're qualified for and will fill out the necessary paperwork required to apply.
Many accredited representatives work for VA-accredited/federally chartered veterans disability attorneys 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 with an application for any federal benefit.
When the VA receives all your evidence, they will go over it, and then assign an assessment of disability in accordance with the severity of your symptoms. When you are given a determination by the federal VA, you will be contacted by a VSO will discuss with you your ratings and any additional state benefits that you might be entitled to.
The VSO can help you request an hearing with the VA in the event you disagree with a decision made by the federal VA. The Appeals Modernization Act provides three "lanes" to appeal. They are a supplementary claim, or a more thorough review or a notification of disagreement to the Board of Veterans Appeals. A VSO will help you determine which appeal or review option is appropriate for your situation.
Appeal
The VA appeals process can be complex and long. Depending on which AMA route is chosen and if your case is eligible to be handled in a priority manner, it can take several months to receive an answer. A veteran disability lawyer can assist you in determining the best route to take and make an appeal on your behalf in the event of a need.
There are three ways to appeal a denial of benefits to veterans disability lawyer however each one takes different amounts of time. A lawyer can help decide which option is the best for your particular situation, and explain the VA disability claims process so you know what you can 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 file to the Board. The BVA will issue a Statement of Case (SOC). You can request a private hearing before the BVA however, it isn't required.
A supplemental claim provides you with the chance to present new and relevant evidence for the VA. This can include medical evidence, but also non-medical proof like lay statements. An attorney is able to submit these statements on your behalf and can also obtain independent medical exams and a vocational expert opinion. If the BVA rejects your supplemental claim you can submit an appeal to the Court of Appeals for Veterans Claims.