How to File a Veterans Disability Claim

A veteran's disability claim is an essential component of his or her benefit application. Many veterans earn tax-free earnings when their claims are accepted.

It's not a secret that the VA is a long way behind in processing disability claims made by veterans. The decision could take months or even years.

Aggravation

Veterans may be qualified for disability compensation if their condition was made more difficult by their military service. This type of claim can be mental or physical. A qualified VA lawyer can assist the former soldier make an aggravated disability claim. A claimant must demonstrate, through medical evidence or an independent opinion, that their pre-service condition was aggravated due to active duty.

Typically the most effective way to prove that a pre-service condition was aggravated is through an independent medical opinion from an expert in the disabled veteran. In addition to a doctor's statement, the veteran will also need to submit medical records and lay statements from family or friends who can testify to the severity of their pre-service condition.

It is crucial to remember in a claim for a disability benefit for costa mesa veterans disability attorney that the condition being aggravated has to be different from the original disability rating. A disability lawyer can assist an ex-servicemember present enough medical evidence and testimony to establish that their original condition wasn't only aggravated due to military service but that it was more severe than it would have been if the aggravating factor had not been present.

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 different wording in these provisions has caused confusion and controversy during the process of making claims. Particularly, the inconsistent usage of terms such as "increase in disability" and "any increase in severity" has been the cause of disputes and uncertainty.

Service-Connected Terms

To be eligible for benefits, veterans must prove their disability or illness was caused by service. This is known as proving "service connection." Service connection is automatically granted for certain conditions, like ischemic heart diseases or other cardiovascular diseases that develop due to specific amputations connected to service. For other conditions, like PTSD the veterans must present the evidence of laypeople or people who were their friends in the military, to connect their condition to a specific incident that took place during their time in service.

A pre-existing medical condition can be a service-related issue in the case that it was aggravated due to active duty service and not due to the natural progression of the disease. The most effective method to prove this is to present the doctor's opinion that the ailment was due to service and not the normal development of the condition.

Certain ailments and injuries are believed to have been caused or aggravated due to service. These are known as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans exposure to radiation in Prisoners of War, and other Gulf War conditions. Certain chronic diseases and tropical illnesses are assumed to have been aggravated or caused by military service. This includes AL amyloidosis and other acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis, Tuberculosis, and Diabetes Mellitus Type 2. Click here for more information about these probable diseases.

Appeal

The VA has a process for appealing their decision on whether or not to grant benefits. The first step is filing an appeal called a Notice of Disagreement. If your lawyer who is accredited by the VA does not handle this for the client, then you must do it on your own. This form is used to notify the VA you disagree with their decision and that you want a higher-level review of your case.

There are two routes to an upscale review and both of them are options you should take into consideration. One option is to request a personal hearing with the Decision Review Officer in your regional office. The DRO will conduct an de novo review (no deference to the decision made previously) and then either reverse or affirm the decision made earlier. You may or not be able to submit new evidence. You can also request an appearance before a rochester veterans disability lawsuit Law judge at the Board of Veterans' Appeals, Washington D.C.

It is important to discuss these aspects with your VA-accredited attorney. They have experience and know what is best for your case. They are also well-versed in the challenges that disabled wood river veterans disability lawsuit face, which makes them a better advocate for you.

Time Limits

If you suffer from a condition which was created or worsened during your military service, you could file a claim in order to receive compensation. It is important to be patient while the VA evaluates and makes a decision on your application. It could take as long as 180 days after your claim is filed before you receive an answer.

There are a variety of factors which can impact the length of time the VA will take to make an decision on your claim. The amount of evidence you submit will play a significant role in how quickly your claim is evaluated. The location of the VA field office who will review your claim could also impact the length of time it takes.

The frequency you check in with the VA on the status of your claim could also affect the time it takes to process. You can speed up the process by sending all documentation as quickly as possible, providing specific information about the medical care facility you use, and providing any requested information.

You can request a more thorough review if it is your opinion that the decision made on your disability was wrong. This involves submitting all facts that exist in your case to an experienced reviewer who will determine whether there was a mistake in the initial decision. This review does not contain any new evidence.