How to File a Veterans Disability Claim

The claim of disability for a veteran is a vital component of the application process for benefits. Many veterans get tax-free income when their claims are granted.

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

Aggravation

Veterans could be qualified for disability compensation if their condition was caused by their military service. This type of claim is called an aggravated disability and can be mental or physical. A skilled VA lawyer can assist the former soldier file an aggravated disability claim. The claimant must prove by proving medical evidence or an independent opinion, that their condition prior to service was made worse by active duty.

A doctor who is an expert in the veteran's disability can provide an independent medical opinion that will demonstrate the severity of the pre-service illness. In addition to a physician's declaration the veteran will have to submit medical records as well as lay statements from family members or friends who can attest to the severity of their pre-service condition.

It is crucial to remember in a claim to be disabled by a veteran that the condition being aggravated has to be different from the initial disability rating. Disability lawyers can help the former service member provide sufficient medical evidence and testimonies to establish that their original condition wasn't just aggravated because of military service, however, it was much worse than it would have been if the aggravating factor hadn't been present.

VA proposes to change its two "aggravation standards" in its regulations, 38 CFR 3.306 and 3.310. The different language of these provisions has led to confusion and disagreement in the process of claiming. Particularly, the inconsistent use of terms like "increase in disability" and "any increase in severity" has led to a lot of litigation and confusion.

Service-Connected Terms

To be eligible for benefits, they must demonstrate that their disability or illness is related to service. This is referred to as proving "service connection." Service connection is granted automatically for certain ailments, Vimeo.com like ischemic heart diseases or other cardiovascular conditions that develop because of specific service-connected amputations. For other conditions, such as PTSD clarksdale veterans disability law firm have to present witnesses or lay evidence from people who were their friends in the military, in order to connect their condition to an specific incident that took place during their time of service.

A preexisting medical problem could also be service-connected in the event that it was aggravated through active duty and not due to the natural progression of the disease. It is best to provide a doctor's report that explains that the deterioration of the condition was caused by service, and not the natural progress of the disease.

Certain injuries and illnesses can be attributed to or aggravated by service. These are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in Prisoners of War and various Gulf War conditions. Certain chronic illnesses and tropical diseases are presumed to have been caused or aggravated from service. This includes AL amyloidosis, as well as other acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis Tuberculosis, and Diabetes Mellitus Type 2. Click here for more details about these presumptive illnesses.

Appeal

The VA has a system for appealing their decision to award or vn.easypanme.com deny benefits. The first step is to submit a Notice of Dispute. If your VA-accredited lawyer does not handle this for you, you are able to complete it on your own. This form is used by the VA to let them know that you disagree with their decision and want a higher level review of your case.

There are two options to request higher-level review. Both options should be carefully considered. You can request a personal meeting with a Decision Review Officer in your local office. The DRO will conduct a review de novo (no deference to the decision made previously) and either overturn or affirm the decision made earlier. You may be able or not to submit new proof. You can also request an appointment with a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

There are a variety of factors to consider when choosing the best route for your appeal, and it's crucial to discuss these with your attorney who is accredited by the VA. They're experienced and know the best option for your situation. They are also well-versed in the difficulties faced by disabled veterans and can be more effective advocates for you.

Time Limits

If you have a disability that was acquired or worsened in the military, you could file a claim in order to receive compensation. You'll have to be patient as the VA reviews and decides on your claim. It could take up 180 days after the claim has been filed before you receive a decision.

There are a variety of factors that can affect how long the VA will take to make an assessment of your claim. The speed at which your application will be evaluated is largely determined by the amount of evidence you submit. The location of the VA field office which will be evaluating your claim can also influence the length of time required to review.

Another factor that can affect the length of time it takes your claim to be processed is the frequency at which you contact the VA to inquire about its progress. You can accelerate the process of filing a claim by making sure to submit all evidence as swiftly as you can. You should also provide specific information about the medical center you use, and sending any requested details.

You can request a higher level review if you believe that the decision you were given regarding your disability was wrong. This involves submitting all the relevant facts of your case to an expert reviewer who can determine whether there was an error in the initial decision. This review does not include any new evidence.