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How to File a Veterans Disability Case
Many veterans disability lawyers suffer from medical issues when they enter the military, but don't divulge them or treat them. They believe that they will be cured or disappear after a while.
As time passes, the problems get worse. Now they need help from the VA to receive compensation. The problem is that the VA won't believe them.
Getting Started
Many veterans have to wait for years before making a claim. Many veterans are waiting for years before filing a disability claim. This is why it is crucial to file an application as soon as the disability symptoms become serious enough. If you intend to make a claim in the future then inform the VA be aware by submitting an intent to submit form. This will establish an earlier effective date, which will make it easier to recover payment for time that you have already been denied due to your disability.
It is important that you include all relevant evidence when you file your initial claim. It is essential to include all medical records from civilian hospitals and clinics pertaining to the ailments or injuries you're planning to file a claim for, as well as military records.
Once the VA has received your claim, they will review it and seek additional evidence from you and your health care 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) to determine your rating.
This should be done in parallel with the separation physical, so that your disability is recognized as service-connected even if it is 0%. It will be much easier to ask for an increase in rating should your condition worsens.
Documentation
To be able to claim the benefits you are entitled to, it is vital that you give your VA disability lawyer with all the relevant documentation. This could include your service records, medical documentation and lay evidence such as letters from family members, friends members or coworkers who know the impact of your disabilities on you.
Your VSO can help you gather the necessary documentation. This could include medical records from the VA hospital or private physician's report diagnostic tests, and other evidence to prove that you have a chronic condition that was caused by or made worse through your service in the Armed Forces.
VA will then assess the evidence to determine your disability rating. This is done using an established schedule by Congress which specifies which disabilities are compensable and in what percentage.
If VA finds that you have a qualifying disability, they will inform you of the decision in writing and veterans disability legal then send the relevant documents to Social Security for processing. If they decide that you do not have a qualifying impairment then the VSO returns the document to you and you may appeal the decision within a specified time frame.
A VA attorney can help you gather evidence for your claim. Our veterans disability attorney advocate can obtain medical records and opinions from independent medical examiners as well as a letter from the VA treating physician about your disability.
Meeting with VSO VSO
A VSO can help with a wide range of programs that go beyond disability compensation, including vocational rehabilitation and employment such as home loans, group life insurance medical benefits including military burial benefits and more. They will go through your medical records and service records to determine what federal programs are accessible to you, and fill the necessary paperwork.
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 legally authorized to represent an Veteran or a dependent or survivor who has a claim to any federal benefit.
After the VA has all the evidence, they'll review it and determine a disability rating in accordance with the severity of your symptoms. If you are granted a decision by the federal VA, the VSO can discuss your ratings with you and any other state benefits you may be entitled to.
The VSO can assist you in requesting an hearing with the VA in the event that you are dissatisfied with a ruling of the federal VA. Under the Appeals Modernization Act, there are three "lanes" that can be used to appeal such as a supplemental appeal, higher-level review or a Notice of Disagreement with the Board of Veterans Appeals. A VSO will help you determine the best appeal or review option for your particular situation.
Appeal
The VA appeals process is complex and time-consuming. It could take a time of up to a year before you receive an answer, based on the AMA choice you make and whether your case qualifies for priority processing. A veteran disability lawyer can assist you in determining the best way to proceed and can make an appeal on your behalf if required.
There are three options to appeal the denial of benefits to veterans However, Veterans disability legal each takes different amounts of time. A lawyer can help decide the best option for your case, and explain the VA disability claims process so you are aware of what to expect.
If you wish to skip the DRO review and instead go directly to the BVA you must submit a Form 9 formal appeal and wait for your regional office to forward your file to the Board. The BVA will issue a Statement Of Case (SOC). You may request a personal hearing before the BVA however it is not mandatory.
A supplemental claim provides you with the opportunity to provide fresh and relevant evidence for the VA. This could include medical evidence as well as non-medical evidence like lay statements. An attorney can submit these statements on your behalf and can also obtain independent medical exams and a vocational expert's opinion. If the BVA rejects your supplemental claim you may file an appeal to the Court of Appeals for veterans disability legal (mouse click the next page) Claims.
