How to File a Veterans Disability Claim

A veteran's disability claim is a crucial part of their benefit application. Many veterans get tax-free income when their claims are granted.

It's no secret that VA is behind in processing veteran disability claims. It can take months or even years, for a final decision to be made.

Aggravation

elk city veterans Disability lawsuit could be eligible for disability compensation in the event that their condition was made more difficult by their military service. This type of claim may be mental or physical. A VA lawyer who is certified can help an ex-military member file an aggravated disabilities claim. A claimant has to prove, with medical evidence or independent opinions that their medical condition prior to service was aggravated through active duty.

A physician who is an expert on the veteran's disability can provide an independent medical opinion that demonstrates the seriousness of the pre-service condition. In addition to the physician's statement, the veteran must also submit medical records as well as lay statements from family or friends who can attest to their pre-service condition.

It is vital to remember in a veterans disability claim that the conditions that are aggravated must differ from the original disability rating. A disability lawyer can help the former service member provide sufficient medical evidence and testimony in order to show that their initial condition wasn't merely aggravated by military service, but was also more severe than it would have been had the aggravating factor hadn't been present.

VA proposes to realign its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The differing language used in these provisions has led to confusion and controversies during the process of making claims. The inconsistent use of terms such as "increased disability" and "any increased severity" are the main cause of litigation.

Conditions Associated with Service

To qualify a veteran for benefits, they must show that their illness or disability is related to their service. This is known as "service connection." Service connection is granted automatically for certain conditions, such Ischemic heart diseases or any other cardiovascular conditions that develop because of specific amputations linked to service. Veterans with other conditions, like PTSD need to provide lay testimony or evidence from those who were their friends during their service to establish a connection between their condition to an specific event that occurred during their military service.

A preexisting medical condition may also be service-related if it was aggravated through active duty and not through natural progress of the disease. The best way to establish this is by submitting the opinion of a doctor that the aggravation was due to service, and not the normal progression of the disease.

Certain ailments and injuries can be attributed to or aggravated due to treatment. These are called "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea mandeville veterans disability law firm and radiation exposure among Prisoners of War and various Gulf War conditions. Certain chronic illnesses and tropical diseases are suspected to have been caused or aggravated from service. They include AL amyloidosis, chloracne or other acne-related diseases, porphyria cutanea tarda, tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. For more information about these presumptive conditions, visit here.

Appeal

The VA has a process to appeal their decision on whether or not they will grant benefits. The first step is filing a Notice Of Disagreement. If your lawyer is certified by VA and does not complete this task for you, then you can do it on your own. This form is used to inform the VA that you are not satisfied with their decision and that you want a higher-level review of your case.

There are two paths to an upper-level review and both of them are options you must carefully consider. One option is to request a private hearing with the Decision Review Officer in your regional office. The DRO will conduct an de novo review (no deference given to the earlier decision) and then either reverse or uphold the earlier decision. You could or might not be able to present new evidence. The alternative is to request an interview before an Veterans Law Judge from the Board of berne veterans disability lawyer' Appeals in Washington, D.C.

There are many aspects to consider when selecting the most effective route for your appeal, so it's crucial to discuss these options with your VA-accredited attorney. They'll have experience and know what is best for your situation. They also understand the challenges faced by disabled veterans which makes them more effective advocates for you.

Time Limits

You can apply for compensation if you suffer from a disability that you acquired or worsened in the course of serving in the military. But you'll need to be patient with the process of review and deciding on your claim. It may take up to 180 days after your claim is submitted before you get a decision.

Many factors influence the time it takes for the VA to determine your claim. The amount of evidence submitted will play a big role in the speed at which your application is reviewed. The location of the field office that is responsible for your claim also influences the time it takes for the VA to review your claims.

Another factor that can impact the time it takes your claim to be processed is the frequency at which you contact the VA to inquire about its progress. You can accelerate the process by submitting your evidence as soon as possible, being specific in your information regarding the addresses of the medical care facilities you use, and sending any requested information as soon as it's available.

You can request a more thorough review if you believe the decision based on your disability was unjust. This requires you to submit all existing facts in your case to a senior reviewer who can determine if there was an error in the original decision. This review doesn't contain any new evidence.