How to File a Veterans Disability Claim

The veteran's claim for disability is a key component of the application process for benefits. Many veterans who have their claims accepted receive additional income each month that is tax-free.

It's not a secret that the VA is a long way behind in the process of processing disability claims made by san benito veterans disability attorney. It could take months, even years, for a final decision to be made.

Aggravation

Veterans may be eligible for Vimeo disability compensation if their condition was aggravated by their military service. This kind of claim can be either mental or physical. A qualified VA lawyer can assist a former servicemember make an aggravated disability claim. A claimant has to prove, through medical evidence or an independent opinion, that their pre-service condition was made worse by active duty.

Typically, the most effective method to prove that a pre-service issue was aggravated is to obtain an independent medical opinion from a physician who specializes in the disability of scott veterans disability lawyer. In addition to a doctor's report the veteran will be required to provide medical records and lay assertions from family members or friends who can attest to the severity of their pre-service conditions.

In a claim for a disability benefit for veterans it is essential to keep in mind that the condition that is aggravated must be distinct from the initial disability rating. An attorney who is a disability attorney can help an ex-servicemember on how to present sufficient medical evidence and evidence to show that their original condition was not just aggravated by military service, but actually worse than it would have been without the aggravating factor.

VA proposes to rewrite its two "aggravation standards" in its regulations 38 CFR 3.306 and 3.310. The differing language in these provisions has caused confusion and disagreement during the process of claiming. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the cause of litigation.

Service-Connected Conditions

To be eligible for benefits, they have to prove that their disability or illness is related to their service. This is referred to as "service connection." Service connection is automatically granted for certain conditions, like Ischemic heart diseases or any other cardiovascular conditions that develop as a result specific amputations that are connected to service. Veterans suffering from other conditions such as PTSD need to provide lay testimony or evidence from people who knew them during their service to link their condition with a specific event that occurred during their time in the military.

A pre-existing medical problem can also be service related if it was aggravated because of active duty and not due to the natural progression of disease. It is best to provide an explanation from a doctor that the deterioration of the condition was due to service, and not the natural progression of the disease.

Certain illnesses and injuries may be believed to be caused or aggravated because of service. They are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in prisoners of War and various Gulf War conditions. Certain chronic diseases and tropical illnesses are also believed to have been aggravated or triggered by service. This includes AL amyloidosis as well as other acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis Tuberculosis as well as Diabetes Mellitus Type 2. Click here to learn more about these presumptive diseases.

Appeals

The VA has a system to appeal their decision on whether or not to grant benefits. The first step is filing a Notice Of Disagreement. If your lawyer is certified by VA and does not take this step for the client, then you must complete the process on your own. This form is used by the VA to let them know that you disagree with their decision, and want a higher level review of your case.

There are two ways to get an upscale review one of which you must carefully consider. You can request a personal meeting with a Decision Review Officer in your local office. The DRO will conduct a de novo (no consideration is given to previous decisions) review and either overturn the earlier decision or uphold it. It is possible that you will be able not to submit new proof. The other path is to request a hearing before an Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

There are many aspects to consider when selecting the best lane for your appeal, so it's crucial to discuss these issues with your attorney who is accredited by the VA. They will have experience in this area and will know the best option for your specific case. They are also aware of the difficulties faced by disabled veterans and their families, which makes them an ideal advocate for you.

Time Limits

If you suffer from a physical or mental impairment that was acquired or worsened during your military service, you can file a claim to receive compensation. But you'll have to be patient with the VA's process of reviewing and deciding on your application. It may take up to 180 days after the claim has been filed before you receive an answer.

Many factors affect the time it takes for the VA to consider your claim. How quickly your application will be reviewed is largely determined by the amount of evidence you have submitted. The location of the field office responsible for your claim will also impact the time it will take for the VA to review your claim.

Another factor that can impact the time it takes your claim to be processed is how often you contact the VA to check its progress. You can help speed up the process by submitting proof as soon as possible by being specific with your information regarding the addresses of the medical care facilities that you use, and sending any requested information as soon as it's available.

You can request a more thorough review if it is your opinion that the decision based on your disability was not correct. This involves submitting all evidence in your case to an expert reviewer who can determine whether there was a mistake in the initial decision. However, this review cannot include new evidence.