How to File a Veterans Disability Claim

A veteran's disability claim is a critical part of their benefit application. Many veterans earn tax-free earnings when their claims are granted.

It's not a secret that VA is behind in the processing of claims for disability from veterans. The decision could take months or even years.

Aggravation

Veterans may be eligible for disability compensation in the event that their condition was aggravated by their military service. This type of claim can be mental or physical. A VA lawyer who is qualified can assist an ex-military personnel to file a claim for aggravated disabilities. A claimant must show by proving medical evidence or an independent opinion, that their medical condition prior to service was aggravated due to active duty.

Typically, the best way to demonstrate that a condition prior to service was aggravated is to get an independent medical opinion by a physician who specializes in the disabled veteran. In addition to the physician's statement, the veteran is required to submit medical records and statements from family members or friends who can attest to their pre-service condition.

It is essential to note when submitting a claim for disability benefits for veterans 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 to show that their initial condition wasn't only aggravated by military service, but it was worse than it would have been if the aggravating factor weren't present.

VA proposes to realign 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 controversy 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 of Service

For a veteran to qualify for benefits, they have to prove that their disability or illness is related to their service. This is known as proving "service connection." For certain ailments, like ischemic heart disease or other cardiovascular diseases that arise due to specific service-connected amputations, service connection is automatically granted. santa cruz veterans disability law firm suffering from other ailments, like PTSD are required to provide lay testimony or lay evidence from those who knew them during their service to establish a connection between their condition to a specific incident that occurred during their time in the military.

A preexisting medical condition could be service-related if it was aggravated by their active duty service and not caused by the natural progression of the disease. The best method to prove this is to present the opinion of a doctor that the ailment was due to service, and not the normal progress of the condition.

Certain illnesses and injuries may be thought to be caused or aggravated by 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, as well as other Gulf War conditions. Certain chronic diseases and tropical illnesses are believed to have been aggravated or caused by service. This includes AL amyloidosis as well as other acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis, Tuberculosis and diabetes Mellitus Type 2. For more information about these probable conditions, click here.

Appeals

The VA has a procedure for appeals to appeal their decision as to whether or not to grant benefits. The first step is to file a Notice of Disagreement. If your lawyer who is accredited by the VA does not take this step for you, then you can complete the process 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 routes to a more thorough review and both of them are options you should consider carefully. You can request a personal meeting with the Decision Review Officer at your local office. The DRO will conduct a de novo review (no deference given to the previous decision) and either reverse or uphold the earlier decision. You may or may not be able to submit new evidence. You can also request an appointment with a st albans Veterans disability lawyer Law judge at the Board of Veterans' Appeals, Washington D.C.

There are a variety of factors that go into choosing the best route for your appeal, and it's essential to discuss these with your VA-accredited attorney. They will have experience in this area and will know what is the most appropriate option for your particular case. They also know the difficulties faced by disabled veterans and their families, which makes them an ideal advocate for you.

Time Limits

You can claim compensation if you have a disability that was acquired or worsened as a result of serving in the military. It is important to be patient as the VA reviews and decides on your claim. It could take up to 180 days after your claim is filed before you get an answer.

There are many factors which can impact the length of time the VA takes to make an decision on your claim. The amount of evidence you provide will play a significant role in how quickly your application is reviewed. The location of the field office handling your claim can also influence the time it takes for the VA to review your claims.

How often you check in with the VA to see the status of your claim can influence the time it takes to finish the process. You can help accelerate the process by submitting proof as soon as you can, being specific in your address details for the medical care facilities you use, and submitting any requested information as soon as it's available.

If you think there has been an error in the decision made regarding your disability, you can request a more thorough review. This means that you submit all the existing facts in your case to an expert reviewer who can determine if there was an error in the original decision. The review doesn't include any new evidence.