How to File a Veterans Disability Claim

The veteran's claim for disability is a vital part of the application for benefits. Many veterans receive 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. It can take months, even years for a determination to be made.

Aggravation

Veterans could be eligible for disability compensation if their condition was made more difficult by their military service. This type of claim is known as an aggravated disability and can be either physical or mental. A VA lawyer who is qualified can assist an ex-military person make an aggravated disability claim. A claimant has to prove, through medical evidence or an independent opinion, that their condition prior to service was aggravated due to active duty.

A physician who is an expert on the condition of the veteran can provide an independent medical opinion proving the seriousness of the pre-service condition. In addition to the doctor's report, the veteran should also submit medical records as well as the lay statements of family or friends who can attest to their pre-service condition.

In a veterans disability claim it is essential to be aware that the aggravated condition must differ from the original disability rating. Disability lawyers can help an ex-servicemember present enough medical evidence and testimony to show that their initial condition wasn't simply aggravated by military service, but it was 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 & 3.310. The differing language used in these provisions has led to confusion and disagreement during the process of claiming. Specifically, the incongruent use of phrases such as "increase in disability" and "any increase in severity" is the cause of disputes and uncertainty.

Conditions that are associated with Service

To qualify for benefits, a veteran must prove that his or her impairment or illness was caused by service. This is known as showing "service connection." Service connection is granted automatically for certain ailments, like Ischemic heart disease or another cardiovascular conditions that develop as a result specific amputations that are connected to service. For other conditions, vimeo such as PTSD, veterans must provide documents or evidence from people who knew them in the military, in order to connect their condition to an specific incident that occurred during their service.

A preexisting medical condition could also be service-related in the event that it was aggravated through active duty and Vimeo not by natural progression of the disease. It is advisable to provide an explanation from a doctor that the deterioration of the condition was due to service, not just the natural progression of the disease.

Certain ailments and injuries are believed to have been caused or aggravated by service. They are known as "presumptive illnesses." They include exposure to Agent Orange for Vietnam and Korean veterans as well as exposure to radiation for Prisoners of War, and numerous Gulf War conditions. Certain chronic diseases and tropical diseases are thought to be aggravated or caused by military service. These are AL amyloidosis, chloracne, other acne-related diseases such as porphyria cutanea tarda tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. Click here for more information about these presumptive diseases.

Appeal

The VA has a process to appeal their decision as to whether or not to grant benefits. The first step is filing a Notice of Disagreement. If your VA-accredited lawyer will not complete this task for the client, then you must complete the process 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 ways to get a higher-level review, both of which you should take into consideration. You can request a personal meeting with the Decision Review Officer at your local office. The DRO will perform a de novo (no review is given to previous decisions) review and either overturn the earlier decision or uphold the decision. You might or may not be able to submit new evidence. The other option is to request a hearing with a santa monica veterans disability law firm Law Judge at the Board of Veterans' Appeals in Washington, D.C.

There are many factors to consider when choosing the best lane for your appeal, and it's important to discuss these issues with your attorney who is accredited by the VA. They're experienced and know the best option for your case. They also know the issues faced by disabled veterans which makes them an effective advocate on your behalf.

Time Limits

If you suffer from a physical or mental impairment that was acquired or worsened during military service, then you may file a claim to receive compensation. You'll need to wait while the VA reviews and decides on your claim. It could take up to 180 calendar days after submitting your claim before you receive an answer.

There are a variety of factors which can impact the length of time the VA is able to make an informed decision on your claim. How quickly your claim will be reviewed is largely determined by the volume of evidence you have submitted. The location of the VA field office which will be evaluating your claim will also affect how long it takes.

Another factor that can affect the time it takes your claim to be processed is how often you contact the VA to check its progress. You can accelerate the process by submitting all evidence as quickly as you can, including specific information regarding the medical center you use, and providing any requested details.

If you believe that there has been a mistake in the decision made regarding your disability, you are able to request a more thorough review. This means that you submit all the evidence in your case to a senior reviewer who can determine whether there was an error in the original decision. The review doesn't include any new evidence.