Patricia Schwarz спросил 2 года назад
How to File a Veterans Disability Case
Many veterans have medical issues when they join the military, but they don’t declare them or address them. They figure they will be cured or disappear after a while.
As the years go by the problems get worse. Now they require help from the VA to receive compensation. The problem is that the VA won’t believe them.
Getting Started
Many veterans wait for years before filing a disability claim. They may feel that they can manage the issue or believe that it will disappear by itself, without treatment. It is essential to initiate filing a claim as soon the symptoms of disability become serious enough. If you’re planning to submit a claim in the future and you are unsure of the procedure, let the VA know by submitting an intent to submit form. This will set a more effective date, which will make it easier to claim back your money for time you have already missed out on because of your disability.
It is vital to provide all the relevant documentation when you submit your initial claim. Include all medical records from civilian clinics and hospitals pertaining to the ailments or injuries you’re planning to file a claim for, and military records.
When the VA accepts your claim they will review it and gather additional evidence from you and your health care providers. Once they have the information they require, they’ll arrange for you to take an examination to determine your compensation and pension (C&P) to determine your rating.
This should be done in conjunction with the separation physical, to ensure that your condition is documented as service-connected, even if the disability is not a percent. It is much easier to ask for an increase in rating should your condition worsens.
Documentation
To receive the benefits you are entitled to, it’s essential that you give your VA disability lawyer with all of the relevant documentation. This could include medical records, service records and lay evidence such as letters from friends, family members, or coworkers who understand how your disabilities affect you.
Your VSO can assist you in gathering the required documentation. This may include medical records from the VA hospital and private physician’s records, diagnostic tests and other evidence to show that you suffer from a disabling condition that was caused or made worse by your service in the Armed Forces.
The next step is for VA to review the evidence and determine your disability rating. This is accomplished by using the schedule that was created by Congress that defines which disabilities are compensable and in what percentage.
If VA finds that you have a qualifying disability, they will inform you of their 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 they will allow you to appeal the decision within a set time.
A VA attorney in Kalamazoo can assist you in gathering the evidence you need to support your claim. In addition, to medical documentation, our veterans disability legal advocate can get opinions from independent medical examiners as well as a statement from your VA treating physician on the impact of your disability on your life.
Meeting with a VSO
A VSO can assist with a myriad of programs that go beyond disability compensation, including vocational rehabilitation and employment home loans and group life insurance, medical benefits as well as military burial benefits and many more. They will review all of your service records and medical records to figure out the federal programs you’re eligible for and fill out the required paperwork for you to apply.
Many accredited representatives work for VA-accredited/federally chartered veterans disability settlement 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 with claims for any federal benefit.
Once the VA has received all of your evidence they will review the evidence, and then assign a rating of disability in accordance with the severity of your symptoms. A VSO can discuss your ratings and any additional state benefits to which you might be eligible with you when you receive an answer from the federal VA.
The VSO can assist you in requesting an hearing with the VA when you disagree with a decision of the federal VA. The Appeals Modernization Act provides three «lanes» for appeals. These are a supplemental claim or veterans disability case a higher-level review, or a notice of disagreement to the Board of veterans disability attorneys Appeals. A VSO can assist you in deciding which appeal or review options are appropriate for your particular situation.
Appeal
The VA appeals process can be complicated and time-consuming. It could take a full year or more to receive a decision, depending on the AMA lane you choose and if your case qualifies for priority processing. A veteran disability attorney can help you decide the best route to take and make an appeal on your behalf, if needed.
There are three options for appealing the denial of benefits to veterans However, each takes an varying amount of time. A lawyer can help you determine which option is the best for your case, and explain the VA disability claims process to help you understand what to expect.
If you want to skip the DRO review to submit your case directly to BVA the Board, you must 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 can request an individual hearing before the BVA but it’s not required.
A supplemental claim provides you with the chance to present new and relevant evidence for the VA. This includes medical evidence but also non-medical evidence such as lay statements. An attorney can present these statements on behalf of you and also obtain independent medical examinations and a vocational expert opinion. If the BVA refuses to accept your supplemental claim you can appeal to the Court of Appeals for veterans disability lawyer Claims.
