How to File a Veterans Disability Claim

The claim of a veteran for disability is a crucial component of the application process for benefits. Many veterans who have their claims approved receive an additional monthly income which is tax-free.

It's no secret that VA is way behind in processing disability claims from veterans. The process can take months or even years.

Aggravation

Veterans may be eligible for disability compensation if their condition was caused by their military service. This type of claim is referred to as an aggravated disability. It could be either mental or physical. A competent VA lawyer can help a former servicemember to file an aggravated disability claim. The claimant must prove, through medical evidence or unbiased opinions that their pre-service condition was aggravated due to active duty.

Typically, the most effective method to prove that a pre-service condition was aggravated is to obtain an independent medical opinion from an expert in the disabled veteran. In addition to a doctor's statement in addition, the veteran will require medical records as well as lay statements from family or friends who can confirm the extent of their pre-service injuries.

In a veterans disability lawyers disability claim it is crucial to note that the aggravated condition has to be different from the original disability rating. Disability lawyers can help the former service member provide sufficient medical evidence and testimony in order to establish that their original condition wasn't only aggravated due to military service, but it was worse than what it would have been had the aggravating factor weren't present.

In order to address this issue VA proposes to re-align the two "aggravation" standards in its regulations 38 CFR 3.306 and 3.310. The different wording in these provisions has caused confusion and controversy in the process of making claims. Particularly, the inconsistent use of phrases such as "increase in disability" and "any increase in severity" has been the source of litigation and uncertainty.

Conditions that are associated with Service

To be eligible for benefits veterans disability attorney must show that the cause of their disability or illness was caused by service. This is called showing "service connection." For certain conditions, such as Ischemic heart disease or other cardiovascular diseases that arise because of Amputations that are connected to service, the service connection is granted automatically. Veterans suffering from other conditions, like PTSD and PTSD, are required to provide lay testimony or evidence from those who knew them during their service to establish a connection between their condition with a specific incident that occurred during their military service.

A pre-existing medical condition can be a service-related issue if it was aggravated because of active duty and not due to the natural progression of the disease. It is advisable to provide an official report from a doctor that explains that the deterioration of the condition was due to service, and not simply the natural progression.

Certain injuries and illnesses can be believed to be caused or aggravated due to treatment. They are known as "presumptive diseases." They include exposure to Agent Orange for Vietnam and Korean veterans and radiation exposure in Prisoners of War, as well as various Gulf War conditions. Certain chronic illnesses and tropical diseases are also believed to have been caused or aggravated from service. This includes AL amyloidosis, as well as other acne-related disorders, Firm such as Porphyriacutanea Tarda, Multiple Sclerosis Tuberculosis and Diabetes Mellitus Type 2. For more details on these presumptive diseases, click here.

Appeals

The VA has a system to appeal their decision to award or deny benefits. The first step is to make a notice of disagreement. If your VA-accredited lawyer will not handle this for the client, then you must do it on your own. This form allows you to inform the VA that you are not satisfied with their decision and that you'd like a higher-level analysis of your case.

There are two options for a higher level review. Both should be carefully considered. You can request a private meeting with the Decision Review Officer at your local office. The DRO will conduct a de novo review (no deference to the previous decision) and either overturn or affirm the earlier decision. It is possible that you will be able not to submit new proof. Another option is to request an appointment before an Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

There are a variety of factors that go into choosing the best lane for your appeal, and it's crucial to discuss these with your VA-accredited attorney. They'll have expertise in this field and know what makes sense for your specific case. They are also familiar with the difficulties faced by disabled veterans which makes them a better advocate for you.

Time Limits

You can apply for compensation if you suffer from a disability that you acquired or worsened as a result of serving in the military. It is important to be patient as the VA reviews and decides on your claim. You may have to wait up to 180 calendar days after filing your claim before receiving an answer.

Many factors influence the time it takes for the VA to determine your claim. How quickly your application will be considered is mostly determined by the quantity of evidence that you submit. The location of the field office responsible for your claim can also influence how long it takes for the VA to review your claims.

How often you check in with the VA regarding the status of your claim could also affect the time it takes to process your claim. You can accelerate the process of filing a claim by making sure to submit all evidence as swiftly as you can, and providing specific information about the medical care facility you use, and sending any requested details.

You may request a higher-level review if you feel that the decision you were given regarding your disability was wrong. You must submit all the facts of your case to an experienced reviewer, who will decide whether there an error in the initial decision. The review doesn't include any new evidence.