How to File a Veterans Disability Claim

A veteran's disability claim is a crucial component of his or Firm her benefit application. Many veterans who have their claims approved receive additional monthly income which is tax-free.

It's not a secret that the VA is way behind in processing disability claims made by veterans. It can take months or even years, for a final decision to be made.

Aggravation

Veterans could be eligible for disability compensation in the event that their condition was made more difficult by their military service. This type of claim could be physical or mental. A VA lawyer who is qualified can assist an ex-military person to file a claim for aggravated disabilities. A claimant must show using medical evidence or independent opinions that their pre-service medical condition was aggravated through active duty.

A doctor who is an expert on the condition of the veteran can provide an independent medical opinion that demonstrates the severity of the pre-service illness. In addition to a doctor's report the veteran will also require medical records and lay declarations from family members or friends who can confirm the severity of their pre-service condition.

It is vital to remember in a claim for a disability benefit for veterans that the conditions that are aggravated must be different than the original disability rating. A disability lawyer can assist a former servicemember provide enough medical evidence and testimony in order to show that their initial condition wasn't only aggravated by military service, however, it was much worse than it would have been had the aggravating factor weren't present.

VA proposes to realign its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The differing language used in these regulations has led to confusion and disagreement during the process of claiming. The incongruent use phrases like "increased disability" and "any increased severity" are the main cause of litigation.

Conditions that are associated with Service

To be eligible for benefits, veterans must show that their disability or illness was caused by service. This is referred to as "service connection." Service connection is automatically granted in certain circumstances, including Ischemic heart disease or another cardiovascular conditions that develop due to specific amputations that are connected to service. For other conditions, such as PTSD veterans have to present documents or evidence from those who knew them during the military, to link their condition to an specific incident that occurred during their service.

A preexisting medical problem could also be service-related in the case that it was aggravated by active duty and not by natural progress of the disease. The most effective way to establish this is by submitting a doctor's opinion that states that the aggravation was due to service and not just the normal progress of the condition.

Certain illnesses and injuries are believed to be caused or aggravated due to service. These are called "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea cocoa beach veterans disability law firm, radiation exposure in Prisoners of War and other Gulf War conditions. Certain chronic diseases and tropical illnesses are believed to have been caused or triggered by service. These are AL amyloidosis, chloracne, other acne-related disorders Porphyria Cutanea Tighta, multiple sclerosis, tuberculosis, and diabetes mellitus type 2. For more information about these probable conditions, click here.

Appeal

The VA has a system to appeal their decision to grant or deny benefits. The first step is to file a Notice of Disagreement. The VA-accredited attorney you have chosen will submit this form on your behalf however, if not, you can file it yourself. This form is used to inform the VA that you are not satisfied with their decision and you want a higher-level review of your case.

There are two options to request a more thorough review. Both should be considered carefully. You can request a private meeting with a Decision Review Officer at your local office. The DRO will conduct an de novo review (no deference given to the earlier decision) and either overturn or affirm the earlier decision. You may or not be able to submit new evidence. You may also request an interview with an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

There are many factors to consider when choosing the best lane for your appeal, and it's crucial to discuss these issues with your attorney who is accredited by the VA. They're experienced in this area and will know what makes the most sense for your specific case. They also know the challenges faced by disabled veterans, which makes them a better advocate for you.

Time Limits

You may be eligible for compensation if you suffer from a disability that was acquired or worsened as a result of serving in the military. However, you'll need patient with the VA's process for taking a look at and deciding on your application. It could take up to 180 calendar days after submitting your claim before you get a decision.

Many factors can influence the time it takes for VA to make a decision on your claim. How quickly your claim will be reviewed is largely determined by the quantity of evidence you have submitted. The location of the VA field office who will review your claim can also influence how long it takes.

The frequency you check in with the VA to check the status of your claim can also affect the time it takes to process. You can help accelerate the process by submitting your evidence whenever you can and being specific in your address information for the medical care facilities you utilize, and providing any requested information when it becomes available.

You can request a more thorough review if you believe the decision made on your disability was unjust. This requires you to submit all evidence in your case to a senior reviewer who can determine whether there was an error in the initial decision. However, this review can't include any new evidence.