How to File a Veterans Disability Claim

The claim of a veteran for disability is a vital component of the application process for benefits. Many veterans earn tax-free earnings when their claims are granted.

It's not a secret that VA is behind in processing veteran disability claims. It can take months, even years for a determination to be made.

Aggravation

A veteran may be able to claim disability compensation for a condition that was worsened due to their military service. This type of claim can be mental or physical. A licensed VA lawyer can help former service members file an aggravated disability claim. A claimant must prove using medical evidence or independent opinions, that their medical condition prior to service was aggravated through active duty.

Typically, the most effective method to prove that a pre-service condition was aggravated is through an independent medical opinion from an expert doctor who is specialized in the disabled veteran. In addition to the doctor's report, the veteran should also submit medical records as well as lay statements from family or friends who can attest to their pre-service condition.

In a veterans disability claim it is crucial to note that the aggravated condition must be different from the original disability rating. A disability attorney can advise an ex-servicemember on how to provide sufficient medical evidence and testimony to establish that their original condition was not only aggravated through military service, but was worse than it would have been without the aggravating factor.

In addressing this issue, VA is proposing to realign the two "aggravation" standards contained in its regulations 38 CFR 3.306 and 3.310. The different wording in these regulations has caused confusion and controversy in the process of claiming. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the source of litigation.

Conditions Associated with Service

To qualify a veteran for benefits, vimeo.Com they must show that their condition or illness is linked to service. This is called showing "service connection." Service connection is automatically granted for certain ailments, like Ischemic heart disease or another cardiovascular disease that develops due to specific service-connected amputations. For other conditions, like PTSD the veterans must present witnesses or lay evidence from people who were close to them in the military to prove their illness to a specific incident that occurred during their time of service.

A pre-existing medical issue can be a service-related issue when it was made worse because of active duty and not due to the natural progression of disease. The most effective method to demonstrate this is to provide the doctor's opinion that the aggravation was due to service, and not the normal progression of the disease.

Certain ailments and injuries can be presumed to be caused or aggravated because of treatment. These are referred to as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea oberlin veterans disability attorney radiation exposure in prisoners of War, as well as other Gulf War conditions. Certain chronic illnesses and tropical diseases are suspected to have been caused or aggravated by service. They include AL amyloidosis, chloracne or other acne-related disorders, porphyria cutanea tarda, tuberculosis and multiple sclerosis and diabetes mellitus type 2. Click here for more details about these presumptive illnesses.

Appeal

The VA has a system to appeal their decision to award or deny benefits. The first step is to file a Notice of Disagreement. If your VA-accredited lawyer does not take this step for you, then you're able to do it yourself. This form is used to notify the VA that you are not satisfied with their decision and that you'd like a higher-level analysis of your case.

There are two options for a higher-level review and 51.75.30.82 both of them are options you should carefully consider. One is to request a hearing with an officer from the Decision Review Office at your regional office. The DRO will conduct an in-person (no consideration of previous decisions) review and either reverse the earlier decision or confirm it. You might or may not be able submit new evidence. You may also request an appointment with a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

There are many factors that go into choosing the most appropriate route for your appeal, so it's essential to discuss these options with your attorney who is accredited by the VA. They have experience and know what is best for your case. They are also aware of the difficulties faced by disabled veterans and can be an effective advocate for you.

Time Limits

If you suffer from a physical or mental impairment which was created or worsened during military service, you could file a claim in order to receive compensation. You'll need to wait as the VA evaluates and makes a decision on your application. It could take up to 180 days after the claim has been filed before you get a decision.

Numerous factors can affect how long it takes the VA to determine your claim. The amount of evidence that you submit is a significant factor in how quickly your claim is evaluated. 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 factor that can affect the time it takes your claim to be processed is how often you contact the VA to check on the progress of your claim. You can accelerate the process by making sure to submit all evidence as swiftly as you can, including specific information about the medical care facility you use, as well as sending any requested details.

You can request a higher level review if you believe that the decision made on your disability was not correct. This involves submitting all facts that exist in your case to a senior reviewer who can determine whether there was an error in the initial decision. The review doesn't include any new evidence.