How to File a Veterans Disability Claim

A veteran's disability claim is an important part of their benefit application. 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 or even years, for a decision to be made.

Aggravation

Veterans may be eligible for disability compensation if their condition was caused by their military service. This type of claim could be mental or physical. A VA lawyer who is qualified can assist an ex-military person to file a claim for aggravated disabilities. The claimant must demonstrate, caruthersville Veterans disability Law firm with medical evidence or an independent opinion, that their medical condition prior to service was made worse through active duty.

Typically the most effective method to prove that a condition prior to service was aggravated is to get an independent medical opinion from an expert doctor who is specialized in the veteran's disability. In addition to the doctor's statement the veteran is required to submit medical records as well as the lay statements of family or friends who can attest to their pre-service condition.

In a claim for a disability benefit for Caruthersville veterans disability law firm it is crucial to be aware that the condition that is aggravated must be distinct from the original disability rating. A disability attorney can advise an ex-servicemember on how to present sufficient medical evidence and testimony to prove that their original condition was not just aggravated by military service, but actually worse than it would have been had it not been for the aggravating factor.

VA proposes to rewrite its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The differences in the language of these provisions has created confusion and debate regarding the claims process. Particularly, the inconsistent use of terms like "increase in disability" and "any increase in severity" has led to a lot of disputes and confusion.

Conditions that are associated with Service

For a veteran to qualify for benefits, they have to prove that their condition or illness is related to service. This is referred to as "service connection." Service connection is granted automatically in certain circumstances, including Ischemic heart disease or another cardiovascular diseases that develop as a result specific service-connected amputations. For other conditions, like PTSD, veterans must provide witnesses or lay evidence from people who knew them in the military, to link their condition to an specific incident that occurred during their service.

A preexisting medical problem could be service-related when it was made worse by active duty and not caused by the natural progress of the disease. The most effective method to prove this is by providing the opinion of a doctor that the aggravation was due to service and not just the normal progression of the disease.

Certain ailments and injuries can be attributed to or aggravated by service. They are known as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans and radiation exposure in prisoner of war, and various Gulf War conditions. Certain chronic illnesses and tropical diseases are suspected to have been caused or worsened by military 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 information about these presumptive illnesses.

Appeals

The VA has a process to appeal their decision on the issue of whether or not to grant benefits. The first step is to file 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 to tell the VA you disagree with their decision and you'd like a higher-level analysis of your case.

There are two options for higher-level review. Both should be considered carefully. One is to request a hearing with the Decision Review Officer in your regional office. The DRO will conduct a review de novo (no deference given to the previous decision) and then either reverse or affirm the earlier decision. It is possible that you will be able not to submit new proof. You can also request an appointment with a glendale veterans disability lawyer Law judge at the Board of Veterans' Appeals, Washington D.C.

There are a variety of aspects to consider when selecting the best route for your appeal, so it's crucial to discuss these with your attorney who is accredited by the VA. They'll have experience and know what is best for your case. They are also familiar with the difficulties faced by disabled veterans and can be an ideal advocate for you.

Time Limits

You can claim compensation if you suffer from a disability that you acquired or worsened while serving in the military. But you'll need to be patient during the process of review and deciding on your application. It could take up to 180 calendar days after submitting your claim before you get an answer.

Many factors can influence how long it takes the VA to consider your claim. The amount of evidence submitted is a significant factor in the speed at which your application is reviewed. The location of the VA field office which will be evaluating your claim can also impact the time it takes to review your claim.

Another aspect that could affect the time required for 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 sending all documentation as quickly as you can, including specific details regarding the medical center you use, and Caruthersville Veterans Disability Law Firm providing any requested details.

You can request a higher level review if it is your opinion that the decision based on your disability was incorrect. This involves submitting all facts that exist in your case to an expert reviewer who can determine if there was an error in the initial decision. This review doesn't contain any new evidence.