How to File a Veterans Disability Claim

A veteran's disability claim is an essential component of his or her benefit application. Many veterans are eligible for tax-free income when their claims are accepted.

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 eligible for disability compensation if their condition was aggravated by their military service. This type of claim is called an aggravated disability and can be either physical or mental. A licensed VA lawyer can help the former service member file an aggravated disability claim. A claimant has to prove, through medical evidence or unbiased opinions that their pre-service condition was aggravated due to active duty.

Typically the most effective method to prove that a pre-service condition was made worse is by obtaining an independent medical opinion from an expert in the disabled veteran. In addition to the doctor's opinion the veteran will also require medical records as well as lay statements from family members or friends who are able to confirm the severity of their pre-service condition.

In a veterans disability claim it is essential to note that the aggravated condition must differ from the original disability rating. A disability lawyer can assist a former servicemember provide enough medical evidence and testimony in order to establish that their original condition wasn't just aggravated by military service, but was also more severe than what it would have been had the aggravating factor hadn't been present.

VA proposes to rewrite 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 regarding the claims process. Specifically, the incongruent usage of terms such as "increase in disability" and "any increase in severity" has led to a lot of litigation and confusion.

Conditions that are associated with Service

To be eligible for benefits veterans must show that the disability or illness was caused by service. This is known as "service connection." For some conditions, like Ischemic heart disease or other cardiovascular diseases that arise due to specific service-connected amputations, service connection is granted automatically. Veterans with other conditions such as PTSD need to provide lay testimony or lay evidence from people who were close to them during their time in the military to connect their condition to an specific incident that occurred during their military service.

A pre-existing medical condition could be service-related in the case that it was aggravated due to active duty service, and not the natural progression of the disease. It is advisable to provide a doctor's report that explains that the deterioration of the condition was due to service, and not simply the natural progression of the disease.

Certain illnesses and injuries may be believed to be caused or aggravated because of service. These are referred to 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. Some chronic illnesses and tropical diseases are believed to have been caused or aggravated from service. These include AL amyloidosis, chloracne, other acne-related conditions such as porphyria cutanea tarda tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. Click here to learn more about these presumptive illnesses.

Appeals

The VA has a procedure for appealing their decision to grant or deny benefits. The first step is filing an appeal called a Notice of Disagreement. If your VA-accredited lawyer will not do this for you, then you can do it yourself. This form is used by the VA to let them know that you disagree with their decision, and you would like a higher-level review of your case.

There are two options to request a higher level review. Both options should be considered carefully. You can request a private meeting with an official from the Decision Review Office at your local office. The DRO will conduct a de novo appeal (no deference given to the earlier decision) and either overturn or uphold the earlier decision. You could be able or not to submit new proof. Another option is to request an appointment with an Veterans Law Judge at the Board of salem veterans disability lawyer' Appeals in Washington, D.C.

It is crucial to discuss these aspects with your lawyer who is accredited by the VA. They're experienced in this field and know the best option for your particular case. They also understand the challenges that disabled centerton veterans disability lawyer (https://vimeo.com) face, which can make them a stronger advocate on your behalf.

Time Limits

If you have a disability that was incurred or worsened during your military service, you can file a claim and receive compensation. It is important to be patient while the VA reviews and centerton veterans disability lawyer decides on your claim. You may need to wait up to 180 calendar days after filing your claim before receiving a decision.

There are many factors that affect the time the VA will take to reach a decision on your claim. The amount of evidence you provide will play a significant role in how quickly your claim is reviewed. The location of the VA field office who will review your claim can also influence the length of time required to review.

The frequency you check in with the VA to see the status of your claim could affect the length of time it takes to process. You can speed up the process by sending all documentation as quickly as possible, providing specific information about the medical care facility you use, and sending any requested details.

You may request a higher-level review if you feel that the decision made on your disability was unjust. This means that you submit all the facts that exist in your case to an experienced reviewer who will determine whether there was an error in the original decision. However, this review can't contain new evidence.