What Veterans Disability Lawyer Experts Want You To Know
How to File a Veterans Disability Case
Many veterans go into military service with health issues which they don't report or treat. They figure they will go away or get better after a time.
But years pass and those problems become more severe. They now require the VA's assistance to obtain compensation. The problem is that the VA won't accept their claims.
Getting Started
Many veterans disability litigation disability compensation (web page) wait for years before filing a claim. Many veterans are waiting for years before making a claim for disability. This is why it is crucial to begin filing a claim as soon the symptoms of disability become severe enough. If you intend to pursue a claim in future you should inform the VA be aware by submitting an intent to file form. This will help you establish an effective date that is more recent and make it easier for you to get your back pay.
It is crucial to provide all the relevant documentation when you submit your initial claim. This includes any medical clinics in the civilian sector and hospital records related to the illnesses or injuries you plan to claim, as well as any military records that pertain to your service.
Once the VA receives your claim, they will examine it and gather additional evidence from you and your health medical professionals. Once they have all the data they require, they will arrange an appointment for you to take a Compensation and Pension Exam (C&P) in order to determine your eligibility.
This must be done in tandem with the separation physical to ensure that your disability is recognized as service-connected even if the disability is not a%. This will make it much simpler to obtain an increased rating later when your condition becomes worse.
Documentation
It is important that you submit all the documentation required to your VA disability lawyer to ensure that you receive the benefits to which you are entitled. This may include service records, medical documentation and lay evidence like letters from friends, family members or coworkers who know how your disabilities affect you.
Your VSO can help you gather the required documentation. This could include medical records from the VA hospital, private physician's reports or Veterans Disability Compensation diagnostic tests as well as other evidence to show that you suffer from a disabling condition that was caused by or worsened due to your service in the Armed Forces.
VA will then review the evidence to determine your disability rating. This is done with the schedule created by Congress that determines which disabilities can be compensated and in what percentage.
If VA determines that you are suffering from a qualifying disability, they will inform you of this decision in writing and send the appropriate documents to Social Security for processing. If they determine that you do not have a qualifying disability then the VSO will return the documents to you and you can appeal this decision within a set time.
A VA lawyer can assist you to collect evidence to support your claim. Our veterans advocate can also obtain medical records and opinions from independent medical examiners, as well as a statement from the VA treating physician regarding your disability.
Meeting with a VSO
A VSO can assist with a range of programs, beyond disability compensation. These include vocational rehabilitation as well as employment, home loans and group life insurance. They can also help with medical benefits as well as military burial benefits. They will look over all of your service records and medical information to find out which federal programs you are qualified for and will fill out the required paperwork for you 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 legally able to represent a Veteran or dependent who has a claim to any federal benefit.
After the VA has all your evidence, they'll review it and determine a disability classification in accordance with the severity of your symptoms. A VSO can discuss your rating and any additional state benefits for which may be eligible, with you after you have received a decision from the federal VA.
The VSO can also help you request an appeal to the VA to resolve a problem in case you disagree with a ruling made by the federal VA. In the Appeals Modernization Act, there are three "lanes" that can be used to appeal that includes a supplemental claim, an upper-level review, or an appeal to the Board of Veterans Appeals. A VSO can help you decide which appeal or review option is best for your particular situation.
Appeal
The VA appeals process can be complicated and long. It could take a full time of up to a year before you receive the outcome, depending on the AMA choice you make and if your case qualifies for priority processing. A veteran disability attorney can help you decide the best path to take and make an appeal on your behalf if necessary.
There are three options for appealing the denial of benefits to veterans disability settlement, but each one takes an varying amount of time. A lawyer can help decide the best option for your situation, and explain the VA disability claims process so that you know what you can expect.
If you want to skip the DRO review to submit your case directly to BVA the BVA, then submit Form 9 and wait for the regional office to transfer the file to the Board. The BVA will then issue a Statement of the Case (SOC). You may request an individual hearing before the BVA but it isn't mandatory.
A supplemental claim provides you with the chance to submit new and relevant evidence to the VA. This can include medical evidence, but also non-medical evidence like declarations from laypeople. An attorney can submit these statements on behalf of you and also request independent medical examinations and a vocational expert's opinion. If the BVA rejects your supplemental claim, you can submit an appeal to the Court of Appeals for veterans disability attorneys Claims.
