How to File a Veterans Disability Claim

A veteran's disability claim is an important part of his or her benefit application. Many veterans who have their claims accepted receive a monthly income that is tax-free.

It's not a secret that the VA is a long way behind in processing disability claims from veterans. It can take months, even years, for a final decision to be made.

Aggravation

A veteran could be eligible to receive compensation for disability due to a condition worsened due to their military service. This type of claim is known as an aggravated disability. It can be either physical or mental. A qualified VA lawyer can help former service members make an aggravated disability claim. A claimant must demonstrate via medical evidence or an independent opinion, that their pre-service condition was aggravated due to active duty.

Typically the most effective method to prove that a pre-service issue was aggravated is to get an independent medical opinion from an expert physician who is knowledgeable about the disabled veteran. In addition to a doctor's statement, the veteran will also be required to provide medical records and lay statements from family members or friends who can confirm the severity of their pre-service condition.

It is crucial to remember in a veterans disability claim that the aggravated condition must be different from the original disability rating. A disability lawyer can assist an ex-servicemember present enough medical evidence and testimonies to establish that their original condition wasn't only aggravated due to military service, however, it was much worse than what it would have been had the aggravating factor hadn't been present.

VA proposes to rewrite its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The differing language used in these provisions has led to confusion and controversy in the process of making claims. The inconsistent use of words such as "increased disability" and "any increased severity" have been the cause of litigation.

Conditions Associated with Service

In order for a veteran to be eligible for benefits, they must prove that their condition or illness is connected to service. This is referred to as "service connection." Service connection is granted automatically for certain ailments, like Ischemic heart disease or another cardiovascular disease that develops because of specific amputations connected to service. luverne veterans disability attorney suffering from other conditions such as PTSD and PTSD, are required to provide the evidence of lay witnesses or from those who knew them during their service to link their condition with a specific event that occurred during their time in the military.

A preexisting medical condition may also be service-related when it was made worse through active duty and not caused by the natural progress of the disease. The best method to prove this is to present the opinion of a doctor that the aggravation was due to service, and not the normal progress of the condition.

Certain injuries and illnesses may be thought to be caused or aggravated by treatment. These are referred to as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans disability lawyer, radiation exposure in Prisoners of War and other Gulf War conditions. Certain chronic diseases and tropical diseases are also presumed to have been caused or aggravated from service. This includes AL amyloidosis and various acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis, Tuberculosis as well as Diabetes Mellitus Type 2. For more details on these presumptive diseases, firm click here.

Appeals

The VA has a procedure for appealing their decision to award or deny benefits. The first step is to file a Notice of Disagreement. Your VA-accredited attorney will likely make this filing on your behalf however, if not, you can file it yourself. This form is used to tell the VA you disagree with their decision and that you'd like a higher-level analysis of your case.

There are two paths to an upscale review that you should consider carefully. You can request a private meeting with the Decision Review Officer at your local office. The DRO will conduct an de novo review (no deference given to the previous decision) and then either reverse or affirm the earlier decision. You could be able or not required to provide new proof. You may also request a hearing before a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It is crucial to discuss all of these issues with your lawyer who is accredited by the VA. They'll have expertise in this area and will know what makes the most sense for your particular situation. They are also aware of the difficulties faced by disabled veterans and can be a stronger advocate on your behalf.

Time Limits

If you suffer from a disability which was created or worsened in the military, you could file a claim in order to receive compensation. You'll have to be patient as the VA evaluates and makes a decision on your claim. It may take up to 180 days after your claim is filed before you receive an answer.

Many factors affect the time it takes for the VA to decide on your claim. The amount of evidence you submit will play a big role in how quickly your claim is considered. The location of the VA field office which will be reviewing your claim will also affect the time it takes to review your claim.

Another factor that can affect the time it takes your claim to be processed is how often you contact the VA to check on the progress of your claim. You can speed up the process by making sure to submit all evidence as swiftly as you can. You should also provide specific information regarding the medical center you use, and Firm providing any requested information.

If you believe there was a mistake in the decision on your disability, you can request a more thorough review. You will need to submit all the facts of your case to an experienced reviewer, who can determine whether there an error in the initial decision. The review doesn't include any new evidence.