How to File a Veterans Disability Claim

A veteran's disability claim is a crucial part of their benefit application. Many veterans who have their claims approved receive a monthly income that is tax-free.

It's no secret that VA is a long way behind in the process of processing disability claims made by veterans. It can take months or even years for a decision to be made.

Aggravation

A veteran may be able to receive compensation for disability due to the condition that was made worse by their military service. This kind of claim is known as an aggravated disability and can be mental or physical. A competent VA lawyer can help the former soldier file an aggravated disability claim. A claimant must prove through medical evidence or independent opinions that their medical condition prior to service was made worse through active duty.

A doctor who is an expert on the veteran's disability can provide an independent medical opinion proving the severity of the pre-service illness. In addition to the doctor's statement the veteran must also submit medical records as well as lay statements from family or friends who can attest to their pre-service condition.

It is essential to note in a claim for a disability benefit for veterans that the condition being aggravated has to be different from the original disability rating. A disability attorney can advise a former servicemember on how to provide the proper medical evidence and testimony to establish that their original condition was not only aggravated through military service, but actually 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 different wording in these regulations has led to confusion and controversy in the process of making claims. Particularly, the inconsistent usage of terms such as "increase in disability" and "any increase in severity" has been the cause of litigation and uncertainty.

Conditions Associated with Service

To be eligible for benefits, veterans must prove the disability or illness was caused by service. This is called showing "service connection." Service connection is granted automatically for certain conditions, such Ischemic heart diseases and other cardiovascular diseases that develop as a result specific amputations that are connected to service. Veterans disability lawyer suffering from other conditions, like PTSD are required to provide lay testimony or lay evidence from those who knew them during their time in the military to connect their condition to an specific incident that occurred during their military service.

A preexisting medical problem could be service-related if it was aggravated by their active duty service and not by natural progress of the disease. The most effective method to prove this is to present an opinion from a doctor that states that the aggravation was due to service, and not the normal progress of the condition.

Certain ailments and injuries can be thought to be caused or aggravated by service. These are referred to as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans and radiation exposure among Prisoners of War and other Gulf War conditions. Certain chronic diseases and tropical illnesses are also believed to have been aggravated or triggered by service. These include AL amyloidosis, chloracne or other acne-related diseases and porphyria cutsanea tarda multiple sclerosis, erlanger veterans disability attorney tuberculosis, and diabetes mellitus type 2. For more information on these presumptive conditions, visit here.

Appeals

The VA has a procedure to appeal their decision as to the issue of whether or not to grant benefits. The first step is filing an appeal called a Notice of Disagreement. If your VA-accredited lawyer will not complete this task for you, you are able to complete it on your own. 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.

There are two options available for an additional level review. Both options should be considered carefully. You can request a private meeting with an official from the Decision Review Office at your local office. The DRO will conduct a review de novo (no deference given to the previous decision) and veterans disability then either reverse or confirm the earlier decision. You may or may not be able to submit new evidence. You can also request an appearance before an Veterans Law judge at the Board of rainbow city veterans disability attorney' Appeals, port washington veterans disability law firm D.C.

There are a variety of aspects to consider when selecting the best route for your appeal, and it's important to discuss these with your attorney who is accredited by the VA. They'll have experience in this field and know the best option for your specific case. They are also well-versed in the challenges faced by disabled veterans which makes them more effective advocates for you.

Time Limits

You can apply for compensation if you have a disability that you acquired or worsened during your time in the military. You'll have to be patient while the VA reviews and decides on your application. It could take as long as 180 days after your claim is filed before you are given a decision.

Numerous factors can affect the time it takes for the VA to decide on your claim. The speed at which your application will be reviewed is largely determined by the quantity of evidence you have submitted. The location of the field office handling your claim will also impact how long it takes for the VA to review your claims.

Another aspect that could affect the time required for your claim to be processed is how often you contact the VA to check on the status of your claim. You can help accelerate the process by submitting evidence as soon as you can and by providing specific details regarding the address of the medical facilities you use, and submitting any requested information when it becomes available.

You could request a higher-level review if you feel that the decision made on your disability was unjust. You will need to submit all of the facts about your case to a knowledgeable reviewer who will determine whether there an error in the initial decision. This review does not contain any new evidence.