How to File a Veterans Disability Claim

The claim of a veteran for disability is a vital element of the application for benefits. Many veterans earn tax-free earnings when their claims are granted.

It's not a secret that the VA is a long way behind in the process of processing disability claims from veterans. The process can take months or even years.

Aggravation

Veterans could be qualified for disability compensation if their condition was caused by their military service. This type of claim is known as an aggravated disability. It can be mental or physical. A competent VA lawyer can help a former servicemember submit an aggravated claim. The claimant must prove, through medical evidence or unbiased opinions that their pre-service condition was aggravated due to active duty.

Typically the best way to prove that a pre-service condition was aggravated is through an independent medical opinion by an expert doctor who is specialized in the disability of asheville veterans disability attorney. In addition to the physician's statement, the veteran must also submit medical records and lay statements from family or friends who can attest to their pre-service condition.

In a gonzales veterans disability lawyer disability claim it is important to keep in mind that the aggravated condition has to be distinct from the original disability rating. Disability lawyers can help an ex-servicemember present enough medical evidence and testimony to prove that their original condition wasn't just aggravated by military service, but that it was more severe than what it would have been had the aggravating factor hadn't been present.

VA proposes to revise its two "aggravation standards" in its regulations, 38 CFR 3.306 and 3.310. The differing wording of these provisions has created confusion and controversies during the process of filing claims. Particularly, the inconsistent usage of terms such as "increase in disability" and "any increase in severity" has been the cause of disputes and confusion.

Service-Connected Terms

To be eligible for benefits, they must demonstrate that their illness or disability is linked to service. This is referred to as proving "service connection." Service connection is automatically granted in certain circumstances, including Ischemic heart diseases and other cardiovascular disease that develops because of specific amputations connected to service. Veterans suffering from other ailments, like PTSD are required to provide lay testimony or evidence from those who knew them during their service to link their condition to a specific event that occurred during their military service.

A preexisting medical condition could be a result of service in the case that it was aggravated through active duty and not caused by the natural progress of the disease. The most effective method to demonstrate this is to provide an opinion from a doctor that states that the aggravation was due to service and not the normal development of the condition.

Certain illnesses and injuries are presumed to have been caused or aggravated due to service. They are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea fairview heights veterans disability Attorney, radiation exposure in Prisoners of War, and other Gulf War conditions. Some chronic diseases and tropical diseases are believed to have been resulted or aggravated by military service. This includes AL amyloidosis, as well as other acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis Tuberculosis as well as Diabetes Mellitus Type 2. Click here for more information about these presumptive diseases.

Appeal

The VA has a system for appealing their decision to award or deny benefits. The first step is to submit a Notice of Dispute. Your VA-accredited attorney is likely to file this on your behalf, but if they do not, you may file it yourself. This form is used by the VA to inform them that you disagree with their decision and would prefer a more thorough review of your case.

You have two options for a higher level review. Both should be considered carefully. One option is to request a private hearing with a Decision Review Officer at your regional office. The DRO will conduct a de novo (no review is given to prior decisions) review and either overturn the previous decision or affirm the decision. You may or not be allowed to submit new evidence. You can also request an appearance before an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

There are many factors to consider when choosing the most effective route for your appeal, so it is important to discuss these issues with your attorney who is accredited by the VA. They will have experience and know what is best for your situation. They are also aware of the difficulties faced by disabled veterans and can be an effective advocate for you.

Time Limits

If you have a disability which was created or worsened in the military, you can file a claim and receive compensation. You'll need to wait while the VA examines and decides on your claim. You may need to wait up to 180 calendar days after filing your claim before you receive a decision.

Numerous factors can affect how long it takes the VA to determine your claim. The amount of evidence you submit will play a major role in the speed at which your claim is reviewed. The location of the field office that handles your claim will also impact the time it takes for the VA to review your claim.

Another factor that can affect the time it takes your claim to be processed is how often you contact the VA to check on the progress of your claim. You can help speed up the process by providing evidence promptly, being specific in your address details for the medical care facilities you use, and submitting any requested information as soon as it is available.

If you think there has been a mistake in the decision regarding your disability, you may request a higher-level review. This involves submitting all evidence in your case to an expert reviewer who can determine whether there was an error in the original decision. This review does not contain any new evidence.