How to File a Veterans Disability Claim

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

It's not a secret that the VA is way behind in the process of processing disability claims made by veterans disability lawyer. It can take months or even years, for a final decision to be made.

Aggravation

A veteran could be eligible to claim disability compensation for a condition worsened by their military service. This kind of claim is known as an aggravated disability. It can be either mental or physical. A qualified VA lawyer can help former service members file an aggravated disability claim. A claimant must show through medical evidence or an independent opinion, that their pre-service medical condition was aggravated by active duty.

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

It is important to note in a claim to be disabled by a veteran that the aggravated condition must be different from the original disability rating. A disability lawyer can guide a former servicemember on how to present sufficient medical evidence and evidence to show that their condition was not only caused by military service, Veterans Disability Lawyer but was worse than it would have been without the aggravating factor.

VA proposes to rewrite its two "aggravation standards" in its regulations, 38 CFR 3.306 and 3.310. The differences in the language of these provisions has created confusion and controversies during the process of filing claims. The inconsistent use of terms 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 demonstrate that their disability or illness is related to their service. This is known as proving "service connection." For some conditions, such as ischemic heart disease, or other cardiovascular diseases that arise due to specific Amputations that are connected to service, the service connection is automatically granted. For other conditions, such as PTSD veterans have to present lay evidence or testimony from people who knew them in the military, to connect their condition to a specific incident that occurred during their time in service.

A preexisting medical issue could be a result of service when it was made worse by active duty and not caused by the natural progression of the disease. The most effective way to establish this is by submitting an opinion from a doctor that states that the aggravation was due to service, and not the normal development of the condition.

Certain illnesses and injuries are presumed to have been caused or aggravated due to service. They are known 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. Certain chronic diseases and tropical illnesses are believed to have been caused or caused by service. They include AL amyloidosis and chloracne as well as other acne-related diseases such as porphyria cutanea tarda tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. For more information about these presumptive conditions, click here.

Appeal

The VA has a system to appeal their decision to award or deny benefits. The first step is to make a notice of disagreement. Your VA-accredited attorney is likely to file this on your behalf but if not, you can do it yourself. This form is used to inform the VA you disagree with their decision and you'd like to have a more thorough review of your case.

There are two options for a more thorough review. Both options should be carefully considered. You can request a personal meeting with an official from the Decision Review Office at your local office. The DRO will conduct a review de novo (no deference to the decision made previously) and then either reverse or uphold the earlier decision. You may or may not be able submit new evidence. You may also request an appearance before a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

There are many factors to consider when choosing the most effective route for your appeal, and it's essential to discuss these with your VA-accredited attorney. They're experienced in this area and will know what is the most appropriate option for your particular case. They are also aware of the challenges that disabled veterans disability lawyers face and can be more effective advocates on your behalf.

Time Limits

You can apply for compensation if you suffer from a disability that you acquired or worsened as a result of serving in the military. However, you'll need to be patient with the VA's process of taking a look at and deciding on the merits of your claim. You may have to wait up to 180 calendar days after submitting your claim before you receive an answer.

Many factors affect how long it takes the VA to make a decision on your claim. The amount of evidence submitted will play a major role in how quickly your claim is reviewed. The location of the field office responsible for your claim will also affect the time it takes for the VA to review your claim.

Another aspect that could affect the length of time it takes your claim to be processed is the frequency at which you contact the VA to check the status of your claim. You can help speed up the process by submitting evidence promptly by being specific with your address details for the medical facilities you utilize, and providing any requested information as soon as it's available.

If you think there was an error in the determination of your disability, you are able to request a more thorough review. You'll need to provide all the details of your case to an experienced reviewer, who can determine whether there was a mistake in the initial decision. This review does not include any new evidence.