How to File a Veterans Disability Claim

The claim of a disabled veteran is a vital part of the application for benefits. Many fair haven veterans disability law firm are eligible for tax-free income after their claims are approved.

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

Aggravation

Veterans could be qualified for disability compensation if their condition was aggravated due to their military service. This type of claim could be mental or physical. A licensed VA lawyer can help a former servicemember to file an aggravated disability claim. The claimant must prove by proving medical evidence or independent opinions, that their condition prior to service was made worse by active duty.

Typically the best way to prove that a pre-service issue was made worse is by obtaining an independent medical opinion by an expert in the veteran's disability. In addition to the doctor's opinion in addition, veterans disability the veteran will be required to provide medical records and lay assertions from family or friends who are able to confirm the extent of their pre-service injuries.

In a claim for disability benefits for veterans, it is important to be aware that the condition that is aggravated must be different from the original disability rating. A disability lawyer can help a former servicemember provide enough medical evidence and witness to prove that their original condition wasn't simply aggravated due to military service, but that it was more severe than what it would have been if the aggravating factor weren't present.

VA proposes to realign its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The difference in the wording of these provisions has led to confusion and controversy during the process of filing claims. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the root of litigation.

Service-Connected Terms

To be eligible for benefits the veteran must prove that the cause of their health or disability was caused by service. This is referred to as "service connection." For some conditions, like ischemic heart disease or other cardiovascular diseases that develop as a result of specific service-connected amputations, a service connection is automatically granted. veterans disability attorney with other conditions like PTSD are required to provide lay testimony or evidence from those who knew them during their time in the military to connect their condition to a specific event that occurred during their time in the military.

A preexisting medical condition could also be service-related in the case that it was aggravated through active duty and not by natural progress of the disease. The best way to prove this is by providing the doctor's opinion that the aggravation was due to service and not the normal progression of the condition.

Certain ailments and injuries can be believed to be caused or aggravated by treatment. They are known as "presumptive illnesses." 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 thought to be aggravated or triggered by service. This includes AL amyloidosis as well as other acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis Tuberculosis, and Diabetes Mellitus Type 2. Click here for more details regarding these presumptive diseases.

Appeal

The VA has a system to appeal their decision to grant or deny benefits. The first step is to file an appeal called 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 you would like a more thorough review of your case.

There are two options available for higher-level review. Both should be considered carefully. You can request a private meeting with the Decision Review Officer at your local office. The DRO will conduct a de novo (no consideration is given to the previous decisions) review and either overturn the earlier decision or maintain the decision. You may be able or veterans disability lawyer not required to submit a new proof. You may also request an appearance before a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It is important to discuss all of these factors with your VA-accredited lawyer. They'll have expertise in this field and know what makes the most sense for your particular situation. They also know the challenges that disabled veterans face and can be an effective advocate for you.

Time Limits

If you suffer from a physical or mental impairment that was incurred or worsened during military service, you can file a claim and receive compensation. You'll need to be patient as the VA evaluates and makes a decision on your application. You may have to wait up to 180 calendar days after submitting your claim before you get an answer.

There are many variables that influence how long the VA is able to make a decision on your claim. How quickly your claim will be reviewed is largely determined by the quantity of evidence that you submit. The location of the VA field office that will be reviewing your claim could also impact the length of time it takes.

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

You could request a higher-level review if it is your opinion that the decision based on your disability was unjust. You'll have to submit all of the facts about your case to an experienced reviewer, who will decide whether there an error in the initial decision. This review does not contain any new evidence.