How to File a Veterans Disability Claim

A veteran's disability claim is an essential part of their benefit application. Many veterans get tax-free income after their claims are approved.

It's not a secret that VA is behind in the process of processing claims for disability by veterans. The decision could take months or even years.

Aggravation

Veterans may be qualified for disability compensation if their condition was made more difficult by their military service. This type of claim can be mental or physical. A qualified VA lawyer can assist the former service member make an aggravated disability claim. A claimant must prove, with medical evidence or an independent opinion, that their medical condition prior to service was made worse by active duty.

Typically, the best way to demonstrate that a pre-service issue was aggravated is through an independent medical opinion by an expert doctor who is specialized in the disability of la verne veterans disability law firm. In addition to a physician's declaration the veteran will also need to submit medical records and lay declarations from family members or friends who are able to confirm the extent of their pre-service injuries.

It is vital to remember in a claim for a disability benefit for hernando veterans disability attorney that the conditions that are aggravated must be different than the original disability rating. Disability lawyers can help the former service member provide sufficient medical evidence and testimony in order to show that their initial condition wasn't just aggravated due to military service, but was also more severe than it would have been if the aggravating factor wasn't present.

VA proposes to revise its two "aggravation standards" in its regulations, 38 CFR 3.306 and 3.310. The different wording in these provisions has led to confusion and disagreement during the claims process. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the root of litigation.

Conditions Associated with Service

To be eligible for benefits, veterans must show that their condition or disability was caused by service. This is known as "service connection." For some diseases, such as Ischemic heart disease and other cardiovascular diseases that manifest as a result of specific service-connected amputations, service connection is automatically granted. For other conditions, such as PTSD, veterans must provide witnesses or lay evidence from people who were close to them in the military, to link their condition to an specific incident that took place during their service.

A pre-existing medical issue can also be service related in the case that it was aggravated due to active duty service and not just the natural progression of disease. The best method to prove this is to present an opinion from a doctor that states that the ailment was due to service, and not the normal development of the condition.

Certain injuries and illnesses may be believed to be caused or aggravated due to treatment. These are referred to as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans and radiation exposure in prisoner of war, and different Gulf War conditions. Some chronic diseases and tropical illnesses are also believed to have been caused or caused by service. This includes AL amyloidosis as well as other acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis Tuberculosis and Diabetes Mellitus Type 2. For more information about these presumptive conditions, click here.

Appeals

The VA has a system for appealing their decision on whether or not they will grant benefits. The first step is to make a notice of disagreement. If your lawyer who is accredited by the VA does not handle this for you, you are able to do it yourself. This form is used to notify the VA that you are not satisfied with their decision and you'd like to have a more thorough review of your case.

There are two routes to a higher-level review one of which you should consider carefully. You can request a personal meeting with a Decision Review Officer in your local office. The DRO will conduct an de novo review (no deference to the decision made previously) and either overturn or uphold the earlier decision. It is possible that you will be able not required to submit a new proof. You may also request an interview with an Veterans Law judge at the Board of huntington woods veterans disability lawyer' Appeals, Washington D.C.

There are a variety of factors that go into choosing the best lane for your appeal, so it's essential to discuss these with your attorney who is accredited by the VA. They will have experience and know what is best for boca raton veterans Disability lawyer your case. They are also aware of the difficulties faced by disabled veterans and can be an ideal advocate for you.

Time Limits

If you suffer from a condition that was acquired or worsened during your military service, you may file a claim to receive compensation. You'll need to wait as the VA reviews and decides on your claim. It may take up to 180 days after the claim has been filed before you are given a decision.

There are a variety of factors which can impact the length of time the VA will take to make an informed decision on your claim. The amount of evidence submitted will play a major role in how quickly your claim is evaluated. The location of the VA field office which will be reviewing your claim will also affect the length of time required to review.

Another factor that can affect the time required for your claim to be processed is how often you contact the VA to check the progress of your claim. You can speed up the process by providing evidence as soon as you can and being specific in your address information for the medical facilities you use, and sending any requested information as soon as it's available.

If you think there was an error in the determination of your disability, you are able to request a more thorough review. This requires you to submit all facts that exist in your case to an expert reviewer who can determine if there was an error in the original decision. The review doesn't include any new evidence.