Categories: Law

Essential Steps for VA Notification Preparation

During this phase, the VA looks at all the evidence they have. They may ask for more from you, healthcare professionals, or government agencies. They also schedule Compensation and Pension (C&P) exams.

You’ll receive a development letter listing several deadlines for the needed information. The key is to be proactive and prepared to submit more evidence.

1. Review Your Claim

In this stage, the Veterans Service Representative (VSR) reviews all the information and evidence submitted in your claim. They will also look at any new information that has been submitted. This includes medical records, lay statements, and expert opinions such as a vocational expert or physician.

This is a highly review-intensive phase and can take up to 21 business days to complete. It’s essential to be patient during this time.

During this phase, your claim can revert to Gathering of Evidence status if your Veteran’s Service Representative determines that more information is needed to decide on your claim. They will then collect the necessary evidence from you or your VA-accredited attorney. The VA may then request an additional evidence letter to inform you of this status change.

2. Gather Evidence

If you ask any veteran about their experience with the VA, they will have a story about something wrong. Lost folders, misplaced evidence, and more are expected. That’s why getting, copying, and organizing all available military records for safekeeping before you leave the service is so important.

As veterans await decisions on their disability claims, the VA preparation for notification phase indicates that their cases are progressing through the evaluation process, offering hope and anticipation for the outcome of their claims.

In this step, a Veterans Service Representative reviews your evidence to determine whether more medical information is needed. They may request additional proof from you, your healthcare providers, or a government agency. Your claim will move directly to step 4 if they do not need more evidence. If more proof is required, your lawsuit will return to step 3. Often, this step can take weeks or even months.

3. Schedule Your C&P Exam

Whether it’s to establish that your disability is connected to active-duty service or to determine whether your symptoms have worsened, C&P exams are essential for veterans filing a claim. During the exam, your medical professional will review your symptoms and their impact on your daily life, including the severity of your pain, difficulty walking or climbing stairs, and other factors.

For this reason, it’s critical to write a compelling statement in support of your claim. However, be careful not to go overboard. While VA representatives will allow for some leeway, a steady stream of insults can damage your credibility. This can delay your claim. The best way to make your statement convincing is to tell a story.

4. Prepare Your Statement of Disability

If the VA has determined that your disability is permanent and total (P&T), ensuring this is included in your decision is essential. This requires a strong disability letter with detailed medical records and expert opinions that support your case.

In your statement of disability, you’ll need to describe how your condition has affected you. This includes physical, mental, emotional, and social changes. You can also include lay statements from friends and family who know you well to corroborate these impacts.

You can also submit evidence that your disability has gotten worse. This is called aggravation, and you’ll need to provide proof that ties your deterioration back to your service time. Ultimately, this will help increase your disability rating. This is when the RVSR starts compiling a rating decision packet for your claim.

5. Schedule Your Hearing

This step involves the SVSR reviewing all the completed evidence (medical records, C&P exam results, statements of support, buddy letters, pictures, etc.) and preparing to draft the decision letter for mailing. This usually takes up to 21 days to complete, but it can take longer if the RVSR needs help with the computer system or USPS.

Final Words

If your claim is considered a priority because you are terminally ill, the SVSR will begin the preparation for the notification step even earlier than this. However, this still takes seven to 21 days, and you can only do something to accelerate the process.

If you disagree with the VA rating decision, you can request a Fair Hearing by following the instructions on your notice. Hiring a VA-accredited attorney for this process is a good idea, as the appeals process typically takes 90 days.

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