Why Veterans Disability Lawyer Is Right For You
How to File a Veterans Disability Case
Many veterans have medical problems after they join the military, but they do not reveal them or treat them. They believe that they will go away or get better after a time.
As time passes and the conditions get worse. Now they require help from the VA to receive compensation. The problem is that the VA will not believe them.
Getting Started
Many Veterans Disability Law Firms wait for years before filing a claim. Many veterans wait for years before filing a disability claim. It is essential to file a claim when the symptoms of disability become severe enough. Let the VA know if you plan to make a claim at a later date by submitting an intention to file. This will set a more effective date, which will make it easier to get back payment for time that you have already missed due to your disability.
When you file your initial claim, it's important to include all relevant evidence. You must include all medical records from civilian clinics and hospitals pertaining to the illnesses or injuries you're planning to file a claim for, and military records.
The VA will examine your claim and obtain additional evidence from you and your healthcare providers. Once they have the data they require, they'll arrange for you to take an exam for compensation and pension (C&P) to help them decide your rating.
This is best done in conjunction with the separation physical, to ensure that your disability is recognized as service-connected even if it's not percent. It will be much easier to ask for an increase in rating in the event that your condition gets worse.
Documentation
To get the benefits you are entitled to, it is essential to provide your VA disability lawyer with all the relevant documentation. This could include service records, medical documentation and lay evidence like letters from family, friends members or colleagues who know the impact of your disabilities on you.
Your VSO can assist you in gathering the required documentation. This could include medical records from the VA Hospital or a private doctor's report or diagnostic tests, and other evidence that shows that you have a debilitating illness 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 designed by Congress that designates which disabilities are eligible for compensation and at what percentage.
If VA finds that you have a qualifying disability, they will notify you of the decision in writing and then send the appropriate documents to Social Security for processing. If they conclude that you do not have a qualifying disability then the VSO will return the documents to you and it is possible to appeal the decision within a specific time.
A VA attorney in Kalamazoo can assist you in gathering the evidence you need to support your claim. In addition to medical records Our veterans advocate can obtain opinions from independent medical examiners, as well as an opinion from your VA treating physician on the impact of your disabilities on your daily life.
Meeting with VSO VSO
A VSO can assist with a range of programs, beyond disability compensation. They offer vocational rehabilitation, employment, home loans and group life insurance. They can also help with medical benefits and military burial benefits. They will examine your medical records and service records to determine which federal programs are available to you and then 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 disability lawyers, Servicemembers, and their families. They are authorized by law to represent an Veteran or dependent with a claim for any federal benefit.
After the VA has all the evidence, they'll review it and determine a disability rating according to the severity of your symptoms. A VSO can discuss your ratings, and additional state benefits, for which you might be eligible, after you have received a decision from the federal VA.
The VSO can also assist you to request a hearing with the VA to resolve a problem when you are not satisfied with a decision made by the federal VA. Under the Appeals Modernization Act, there are three "lanes" available for an appeal such as a supplemental appeal, a higher level review or a Notice of Disagreement with the Board of Veterans Appeals. A VSO will help you determine which appeal or review option is the most appropriate for your situation.
Appeals
The VA appeals procedure is complex and long. It could take a full year or more to receive a decision, depending on the AMA route you choose and if your case qualifies for priority processing. A veteran disability lawyer can assist you in determining the best way to proceed and file a formal appeal on your behalf if needed.
There are three ways to appeal a veterans benefits denial, but each takes different amounts of time. A lawyer can help you determine which option is the best for your situation and explain the VA disability claims process so you are aware of what to expect.
If you want to forgo the DRO review and go directly to the BVA you must file a Form 9 formal appeal and wait for the regional office in your area to transfer your case to the Board. The BVA will issue a Statement of Case (SOC). You can request a private hearing before the BVA however, it is not mandatory.
A supplemental claim provides you with the chance to present new and relevant evidence for the VA. This could include medical evidence however, it can also include non-medical proof such as lay assertions. An attorney can submit these statements on your behalf and also get independent medical exams and a vocational expert's opinion. If the BVA refuses to accept your supplemental claim you can appeal to the Court of Appeals for Veterans Claims.