How to File a Veterans Disability Claim

The veteran's claim for disability is a key part of submitting an application for benefits. Many veterans get tax-free income after their claims are approved.

It's no secret that VA is behind in the process of processing claims for disability by manchester veterans disability lawyer. It could take months, even years, for a decision to be made.

Aggravation

Veterans could be qualified for disability compensation if their condition was caused by their military service. This type of claim could be either mental or physical. A qualified VA lawyer can assist the former soldier to file an aggravated disability claim. A claimant must demonstrate via medical evidence or unbiased opinions that their condition prior to service was aggravated due to active duty.

A physician who is an expert on the veteran's disability can provide an independent medical opinion that will demonstrate the seriousness of the pre-service condition. In addition to the doctor's opinion, the veteran should also submit medical records and 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 has to differ from the original disability rating. A disability lawyer can guide a former servicemember on how to provide the proper medical evidence and proof that their original condition was not just aggravated by military service, but was worse than it would have been had it not been for the aggravating factor.

In order to address this issue VA is proposing to realign the two "aggravation" standards contained in its regulations 38 CFR 3.306 and 3.310. The differing wording of these regulations has caused confusion and controversy during the process of making claims. Particularly, the inconsistent use of terms such as "increase in disability" and "any increase in severity" has led to a lot of disputes and uncertainty.

Service-Connected Terms

To qualify for benefits, a veteran must prove that the impairment or illness was caused by service. This is known as showing "service connection." Service connection is automatically granted in certain circumstances, including ischemic heart diseases or other cardiovascular diseases that arise because of specific amputations that are connected to service. For other conditions, such as PTSD the nevada veterans disability lawyer (Vimeo.com) must present documents or evidence from those who knew them during the military, in order to connect their condition with a specific incident that took place during their time of service.

A preexisting medical problem could be service-related in the event that it was aggravated by active duty and not due to the natural progression of the disease. It is best to submit a doctor's report that explains that the deterioration of the condition was due to service and not the natural progress of the disease.

Certain injuries and illnesses may be believed to be caused or aggravated by service. They are known 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 diseases are also believed to have been resulted or aggravated by military service. This includes AL amyloidosis and various acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis Tuberculosis as well as Diabetes Mellitus Type 2. Click here for more details regarding these presumptive diseases.

Appeals

The VA has a procedure for appealing their decision to award or deny benefits. The first step is filing a Notice of Disagreement. Your VA-accredited attorney is likely to make this filing on your behalf, but if they do not, you can do it yourself. This form is used by the VA to inform them that you disagree with their decision and want a higher level review of your case.

There are two paths to an upper-level review and both of them are options you should take into consideration. You can request a private meeting with the Decision Review Officer at your local office. The DRO will perform an in-person (no review of previous decisions) review and either reverse the earlier decision or uphold it. You may be required or not to submit new proof. The other option is to request an interview before an Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.

It's important to discuss all of these issues with your VA-accredited attorney. They're experienced and know the best option for your case. They also know the difficulties that disabled veterans face and can be more effective advocates for you.

Time Limits

You can claim compensation if you have a disability that was acquired or worsened while serving in the military. You'll need to wait as the VA reviews and decides on your claim. You may have to wait up to 180 calendar days after filing your claim before you get a decision.

Numerous factors can affect the time it takes for VA to make a decision on your claim. The speed at which your application will be considered is mostly determined by the quantity of evidence you have submitted. The location of the VA field office who will review your claim can also influence the length of time required to review.

The frequency you check in with the VA regarding the status of your claim can influence the time it takes to process. You can accelerate the process of filing a claim by providing all evidence as fast as you can, and providing specific information regarding the medical care facility you use, and sending any requested information.

You could request a higher-level review if you believe the decision you were given regarding your disability was not correct. You'll have to submit all of the facts about your case to an experienced reviewer, who can determine whether there was a mistake in the initial decision. However, this review cannot include new evidence.