How to File a Veterans Disability Claim

The veteran's claim for disability is a crucial part of the application for benefits. Many Waunakee veterans disability lawyer receive tax-free income when their claims are accepted.

It's no secret that VA is way behind in the process of processing disability claims from veterans. It could take months, even years for a determination to be made.

Aggravation

A veteran may be able to claim disability compensation for a condition worsened by their military service. This type of claim may be physical or mental. A qualified VA lawyer can assist the former service member file an aggravated disability claim. The claimant must demonstrate by proving medical evidence or independent opinions, that their pre-service medical condition was aggravated through active duty.

A doctor who is an expert in the condition of the veteran will be able to provide an independent medical opinion that will demonstrate the seriousness of the pre-service condition. In addition to the doctor's statement the veteran should also submit medical records as well as statements from family members or friends who attest to their pre-service condition.

In a veterans disability claim, it is important to remember that the aggravated condition has to differ from the original disability rating. An attorney for disability can guide the former service member on how to provide sufficient medical evidence and proof that their original condition was not only caused by military service, but was worse than it would have been without the aggravating factor.

VA proposes to realign its two "aggravation standards" in its regulations 38 CFR 3.306 and 3.310. The different wording in these regulations has led to confusion and controversy during the process of making claims. Specifically, the incongruent use of terms such as "increase in disability" and "any increase in severity" has been the cause of disputes and confusion.

Conditions that are associated with Service

To be eligible for benefits veterans must prove the impairment or illness was caused by service. This is referred to as "service connection." For certain conditions, such as Ischemic heart disease or other cardiovascular diseases that develop because of service-connected amputations, a service connection is granted automatically. For other conditions, like PTSD, veterans must provide witnesses or lay evidence from people who were their friends in the military to prove their condition to a specific incident that took place during their service.

A pre-existing medical condition can be a service-related issue when it was made worse by active duty and not just the natural progression of the disease. The most effective method to prove this is by providing the doctor's opinion that the aggravation was due to service and not the normal development of the condition.

Certain ailments and injuries can be believed to be caused or aggravated by treatment. These are called "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in prisoners of War and other Gulf War conditions. Certain chronic diseases and tropical diseases are thought to be aggravated or dnpaint.co.kr triggered by service. These include AL amyloidosis, chloracne, other acne-related diseases, porphyria cutanea tarda, tuberculosis and multiple sclerosis and diabetes mellitus type 2. Click here for more information about these presumptive diseases.

Appeals

The VA has a process to appeal their decision as to whether or not to award benefits. The first step is to submit a Notice of Disagreement. If your VA-accredited lawyer does not complete this task for you, then you can complete it on your own. This form allows you to inform the VA that you are not satisfied with their decision and you'd like to have a more thorough review of your case.

You have two options for higher-level review. Both should be considered carefully. You can request a personal 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 reverse the earlier decision or maintain it. You might or may not be able submit new evidence. The alternative is to request an appointment with a Veterans Law Judge from the Board of urbandale veterans disability attorney' Appeals in Washington, D.C.

It is essential to discuss these issues with your VA-accredited attorney. They'll have expertise in this area and will know what is the most appropriate option for your particular situation. They are also aware of the challenges faced by disabled veterans which makes them an effective advocate for you.

Time Limits

If you suffer from a condition that was acquired or worsened during military service, you can file a claim to receive compensation. You'll have to be patient while the VA evaluates and makes a decision on your claim. It could take as long as 180 days after the claim has been filed before you receive an answer.

Many factors can influence the time it takes for VA to make a decision on your claim. The speed at which your application will be reviewed is largely determined by the volume of evidence you submit. The location of the VA field office which will be evaluating your claim could also impact the length of time it takes.

Another factor that could affect the time it takes your claim to be processed is how often you contact the VA to inquire about the progress of your claim. You can accelerate the process by making sure to submit all evidence as swiftly as you can. You should also provide specific details about the medical facility you use, as well as providing any requested information.

You may request a higher-level review if it is your opinion that the decision you were given regarding your disability was incorrect. This requires you to submit all evidence in your case to a senior reviewer who can determine whether there was a mistake in the original decision. This review doesn't contain any new evidence.