How to File a Veterans Disability Claim

The claim of a disabled veteran is a key element of the application for benefits. Many veterans earn tax-free earnings after their claims are approved.

It's no secret that VA is behind in processing veteran disability claims. It can take months, Kronenwetter Veterans Disability Lawyer even years, for a final decision to be made.

Aggravation

A veteran could be eligible get disability compensation in the event of a condition that was worsened due to their military service. This type of claim can be mental or physical. A VA lawyer who is competent can assist an ex-military personnel file an aggravated disabilities claim. A claimant must demonstrate by proving medical evidence or independent opinions that their pre-service condition was aggravated due to active duty.

Typically the best way to prove that a pre-service issue was made worse is by obtaining an independent medical opinion from an expert doctor who is specialized in the veteran's disability. In addition to the doctor's report, the veteran should also submit medical records and the lay statements of family or friends who attest to their pre-service condition.

It is crucial to remember in a claim for a disability benefit for franklin veterans disability law firm that the aggravated condition must be different from the initial disability rating. A disability lawyer can help the former service member provide sufficient medical evidence and testimonies to prove that their original condition wasn't only aggravated because of military service, but that it was more severe than it would have been had the aggravating factor weren't present.

VA proposes to realign its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The differences in the language of these provisions has led to confusion and controversy in the process of claiming. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the source of litigation.

Service-Connected Conditions

For a veteran to qualify for benefits, they must prove that their condition or illness is related to service. This is called showing "service connection." For some conditions, like Ischemic heart disease and other cardiovascular diseases that arise because of services-connected amputations is granted automatically. For other conditions, like PTSD, Goose creek crown point veterans disability lawsuit disability lawyer (vimeo.com) must provide lay evidence or testimony from people who knew them in the military, in order to connect their condition with a specific incident that occurred during their service.

A pre-existing medical issue can be a service-related issue in the case that it was aggravated by active duty and not as a natural progression of disease. The most effective way to prove this is by providing the doctor's opinion that the aggravation was due to service, and not the normal progression of the disease.

Certain ailments and injuries are presumed to have been caused or aggravated by service. These are known as "presumptive diseases." This includes exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in prisoner of war, and numerous Gulf War conditions. Some chronic diseases and tropical diseases are believed to have been caused or caused by service. These are AL amyloidosis and chloracne as well as other acne-related disorders Porphyria Cutanea Tighta, falcon heights veterans disability lawsuit tuberculosis, multiple sclerosis and diabetes mellitus type 2. For more information about these presumptive conditions, visit here.

Appeals

The VA has a procedure for appeals to appeal their decision regarding whether or not to award benefits. The first step is to file a Notice Of Disagreement. If your VA-accredited lawyer will not take this step for the client, then you must do it on your own. This form is used to tell the VA you disagree with their decision and that you want a higher-level review of your case.

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

It is crucial to discuss these aspects with your lawyer who is accredited by the VA. They're experienced in this area and will know what makes the most sense for your particular situation. They also know the issues faced by disabled veterans, which can make them a stronger advocate on your behalf.

Time Limits

If you have a disability that was acquired or worsened during your military service, you could file a claim in order to receive compensation. But you'll need to be patient with the VA's process of considering and deciding about the merits of your claim. You could have to wait up to 180 calendar days after filing your claim before you receive an answer.

There are a variety of factors that influence how long the VA is able to make an informed decision on your claim. The amount of evidence submitted will play a major role in the speed at which your application is reviewed. 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 required for your claim to be processed is how often you contact the VA to inquire about its progress. You can accelerate the process of filing a claim by submitting all evidence as quickly as possible, providing specific details regarding the medical care facility you use, as well as providing any requested details.

You could request a higher-level review if you feel that the decision based on your disability was wrong. This involves submitting all the relevant facts of your case to a senior reviewer who can determine whether there was a mistake in the initial decision. The review doesn't include any new evidence.