10 Veterans Disability Lawyer Tips All Experts Recommend > 고객센터

How to File a Veterans Disability Case

Many veterans suffer from medical issues when they join the military, but don't disclose them or treat them. They think they'll go away or get better after a time.

As the years go by the problems get worse. Now they need help from the VA to get compensation. The VA does not believe in the VA.

Getting Started

Many veterans are waiting for years before filing an claim. They may believe that they can deal with the issue or believe that it will disappear by itself without treatment. For this reason, it is crucial to file a claim as soon as the disability symptoms become serious enough. Let the VA know that you intend to file a claim on an earlier date by submitting an intention to file. This will set a more effective date, which makes it easier to recover your money for time you've already lost 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 clinics and hospitals pertaining to the illnesses or injuries you plan to claim and military records.

Once the VA receives your claim, they will review it and seek 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 help them decide your rating.

This should be done in conjunction with the separation physical so that your condition is categorized as service-connected even if it's 0 percent. It will be easier to request an increase in rating should your condition becomes worse.

Documentation

It is essential to submit all the documentation required to your VA disability lawyer in order to get the benefits to which you are entitled. This can include service records, medical documentation and lay evidence such as letters from relatives, friends members, or coworkers who understand the impact of your disabilities on you.

Your VSO can help you gather the required documentation. This may 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 and that it was caused or made worse due to your service in the Armed Forces.

The next step is for VA to review the evidence and determine your disability rating. This is accomplished using a schedule drafted by Congress that defines which disabilities are eligible for compensation and in what percentage.

If VA decides that you are eligible for disability benefits, they will inform you in writing of their decision. They'll also send all the necessary documents to Social Security. If they find that you don't have a qualifying disability, the VSO will return the document to you, and the decision is yours to appeal within a certain time period.

A VA lawyer can assist you to get the evidence you need to prove your claim. Our veterans advocate can obtain medical records and opinions from independent medical examiners and also a statement from the VA treating doctor about your disability.

Meeting with VSO VSO

A VSO can assist with a range of programs that go beyond disability compensation, such as vocational rehabilitation and employment, home loans as well as group life insurance, medical benefits including military burial benefits and more. They will review your medical records and service records to determine the federal programs available to you and then fill with the required forms.

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 lawsuits, Servicemembers, and their families. They are authorized to represent any Veteran or dependent with an application for any federal benefit.

When the VA has all your evidence, lawyers they'll review it and give you a disability score in accordance with the severity of your symptoms. When you are given a determination by the federal VA, a VSO will be able to discuss with you your rating and any additional state benefits that you might be entitled to.

The VSO can also help you request an appeal to the VA to resolve an issue in case you disagree with a decision of the federal VA. In the Appeals Modernization Act, there are three "lanes" available for an appeal that includes a supplemental claim, higher-level review or a Notice of Disagreement with the Board of Veterans Appeals. A VSO can assist you in deciding which appeal/review options are best for your particular situation.

Appeal

The VA appeals process is complex and long. Depending on the AMA route is chosen and if your case qualifies to be processed with priority, it can take a long time to receive an answer. A veteran disability attorney can assist you in determining the best path to take and can file an appeal on your behalf if required.

There are three options to appeal a denial of benefits to veterans disability lawsuits However, each requires different amounts of time. A lawyer can help decide the best option for your case, and also explain the VA disability claims process so you are aware of 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 the regional office of your region 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's not required.

A supplemental claim provides you with the chance to present new and relevant evidence to the VA. This could include medical evidence and non-medical evidence such as lay statements. Lawyers can present these statements and get independent medical examinations as well as a vocational expert's recommendation on your behalf. If the BVA refuses to accept your supplemental claim you may appeal to the Court of Appeals for Veterans Claims.