How to File a Veterans Disability Claim

The claim of a veteran for disability is a key part of submitting an application for benefits. Many veterans are eligible for tax-free income when their claims are approved.

It's not a secret that the VA is way behind in the process of processing disability claims made by veterans. The decision could take months or even years.

Aggravation

veterans disability lawyer could be entitled to disability compensation if their condition was made more difficult by their military service. This type of claim can be either mental or physical. A licensed VA lawyer can assist former service members to file an aggravated disability claim. A claimant must prove by proving medical evidence or an independent opinion, that their medical condition prior veterans disability lawyer to serving was made worse due to active duty.

Typically the most effective method to prove that a pre-service issue was aggravated is through an independent medical opinion from a physician who specializes in the disability of veterans. In addition to the physician's statement, the veteran must also provide medical records as well as statements from relatives or friends who attest to their pre-service condition.

It is essential to note in a veterans disability lawyer disability claim that the conditions that are aggravated must be different from the original disability rating. An attorney for disability can guide the former service member on how to provide the proper medical evidence and proof that their original condition was not just aggravated by military service, but was worse than it would have been without the aggravating factor.

In addressing this issue, VA is proposing to align the two "aggravation" standards in its regulations 38 CFR 3.306 and 3.310. The difference in the wording of these provisions has led to confusion and controversy in the process of claiming. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the source of litigation.

Conditions Associated with Service

In order for a veteran to be eligible for benefits, they must prove that their illness or disability is linked to service. This is called showing "service connection." For some diseases, such as Ischemic heart disease or other cardiovascular diseases that arise due to specific services-connected amputations is granted automatically. For other conditions, such as PTSD, veterans disability lawsuit must provide documents or evidence from people who knew them in the military, to connect their condition to an specific incident that occurred during their service.

A pre-existing medical issue can be a service-related issue if it was aggravated by active duty and not due to the natural progression of disease. It is best to submit an explanation from a doctor that the deterioration of the condition was due to service, and not simply the natural progression of the disease.

Certain ailments and injuries are believed to have been caused or aggravated by the service. They are known as "presumptive illnesses." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in prisoners of War, and other Gulf War conditions. Some chronic diseases and tropical diseases are presumed to have been resulted or aggravated by military service. This includes AL amyloidosis as well as other acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis, Tuberculosis and Diabetes Mellitus Type 2. For more details on these probable conditions, click here.

Appeals

The VA has a procedure for appealing their decision to award or deny benefits. The first step is to make a notice of disagreement. Your VA-accredited attorney is likely to make this filing on your behalf, but if they do not, you are able to file it yourself. This form is used by the VA to let them know that you are not satisfied with their decision and you would like a higher-level review of your case.

You have two options for a more thorough review. Both options should be carefully considered. One is to request a personal hearing with an officer from the Decision Review Office at your regional office. The DRO will conduct a review de novo (no deference given to the earlier decision) and either overturn or affirm the decision made earlier. You could be able or not be required to present new evidence. You may also request an appearance before a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It is essential to discuss these aspects with your lawyer who is accredited by the VA. They'll have experience and know the best option for your case. They are also well-versed in the difficulties faced by disabled veterans and can be a better advocate for you.

Time Limits

If you suffer from a physical or mental impairment that was caused or aggravated during your military service, veterans disability lawyer you may file a claim to receive compensation. You'll need to wait as the VA reviews and decides on your application. It could take up to 180 calendar days after filing your claim before you receive a decision.

Many factors influence how long it takes the VA to consider your claim. How quickly your claim will be considered is mostly determined by the amount of evidence you have submitted. The location of the field office that is responsible for your claim also influences how long it will take for the VA to review your claim.

The frequency you check in with the VA regarding the status of your claim could influence the time it takes to process your claim. You can speed up the process by submitting all evidence as quickly as you can, including specific information regarding the medical facility you use, as well as providing any requested details.

You may request a higher-level review if you believe the decision you were given regarding your disability was unjust. This involves submitting all the facts that exist in your case to an experienced reviewer who will determine whether there was an error in the original decision. The review doesn't include any new evidence.