How to File a Veterans Disability Claim

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

It's no secret that VA is behind in the processing of claims for disability from veterans. The decision could take months or even years.

Aggravation

veterans disability lawyer could be qualified for disability compensation if their condition was aggravated by their military service. This kind of claim can be physical or mental. A licensed VA lawyer can help the former service member file an aggravated disability claim. A claimant needs to prove by proving medical evidence or Veterans Disability independent opinions, that their condition prior to service was aggravated due to active duty.

A physician who is an expert on the condition of the veteran will be able to provide an independent medical opinion which will prove the severity of the condition prior to service. In addition to a doctor's report the veteran will also be required to provide medical records and lay assertions from friends or family members who can testify to the severity of their pre-service conditions.

In a veterans disability claim it is essential to be aware that the aggravated condition has to be distinct from the initial disability rating. A disability lawyer can guide an ex-servicemember on how to provide the proper medical evidence and testimony to prove that their health condition was not merely aggravated through military service, but actually worse than it would have been without the aggravating factor.

In addressing this issue, VA is proposing to change the two "aggravation" standards in its regulations - 38 CFR 3.306 and 3.310. The different wording in these regulations has caused confusion and controversies during the claims process. Specifically, the incongruent use of phrases such as "increase in disability" and "any increase in severity" has led to a lot of litigation and confusion.

Conditions that are associated with Service

To be eligible for benefits a veteran must prove that the cause of their impairment or illness was caused by service. This is known as showing "service connection." For Veterans Disability certain ailments, like Ischemic heart disease or other cardiovascular diseases that arise due to specific service-connected amputations, a service connection is automatically granted. For other conditions, like PTSD breese veterans disability law firm are required to provide lay evidence or testimony from people who knew them in the military, to link their condition to a specific incident that took place during their service.

A pre-existing medical issue can be a service-related issue when it was made worse by active duty and not due to the natural progression of disease. The most effective way to demonstrate this is to provide an opinion from a doctor that states that the aggravation was due to service and not the normal progression of the condition.

Certain illnesses and injuries are believed to be caused or aggravated due to service. They are known as "presumptive illnesses." These include exposure to Agent Orange for Vietnam and Korean veterans as well as exposure to radiation for prisoner of war, and different Gulf War conditions. Some chronic illnesses and tropical diseases are believed to have been caused or aggravated from service. These are AL amyloidosis and chloracne as well as other acne-related diseases such as porphyria cutanea tarda multiple sclerosis, tuberculosis, and diabetes mellitus type 2. Click here for more details regarding these presumptive diseases.

Appeals

The VA has a procedure for appeals to appeal their decision regarding the issue of whether or not to grant benefits. The first step is to submit 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 is used by the VA to inform them that you are not satisfied with their decision and would prefer a more thorough review of your case.

There are two options to request an additional level review. Both should be carefully considered. You can request a personal meeting with a Decision Review Officer at your local office. The DRO will perform an in-person (no consideration is given to previous decisions) review and either reverse the previous decision or affirm the decision. It is possible that you will be able not be required to present new evidence. You may also request an interview with an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It is crucial to discuss these aspects with your lawyer who is accredited by the VA. They will have experience in this field and know what makes sense for your particular case. They are also aware of the difficulties faced by disabled veterans and their families, which makes them more effective advocates for you.

Time Limits

You can claim compensation if you suffer from a disability that was acquired or worsened while serving in the military. However, you'll need to be patient when it comes to the VA's process of taking a look at and deciding on your claim. It could take up 180 days after the claim has been filed before you are given a decision.

There are many variables that can affect how long the VA will take to make an assessment of your claim. The amount of evidence you provide will play a major role in the speed at which your claim is considered. The location of the VA field office which will be reviewing your claim can also impact the length of time required to review.

How often you check in with the VA on the status of your claim can influence the time it takes to complete the process. You can accelerate the process of filing a claim by submitting all evidence as quickly as you can, including specific details regarding the medical center you use, as well as sending any requested details.

If you think there has been a mistake in the determination of your disability, you may request a higher-level review. You'll need to provide all of the facts about your case to a knowledgeable reviewer who will determine whether there an error in the initial decision. However, this review cannot include any new evidence.