How to File a Veterans Disability Claim

The claim of disability for a veteran is a key part of submitting an application for benefits. Many veterans receive tax-free income when their claims are approved.

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

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 and can be mental or physical. A VA lawyer who is competent can assist an ex-military person file an aggravated disabilities claim. A claimant has to prove by proving medical evidence or independent opinions that their pre-service condition was aggravated due to active duty.

A physician who is an expert on the condition of the veteran will be able to provide an independent medical opinion that demonstrates the severity of the pre-service illness. In addition to the doctor's opinion in addition, the veteran will require medical records and lay declarations from family or friends who can confirm the seriousness of their pre-service ailments.

It is crucial to remember in a bridgeport veterans disability lawsuit disability claim that the conditions that are aggravated must be different from the original disability rating. A disability attorney can advise a former servicemember on how to provide sufficient medical evidence and evidence to show that their original condition was not just aggravated by military service, but was worse than it would have been had it not been for the aggravating factor.

VA proposes to rewrite its two "aggravation standards" in its regulations, 38 CFR 3.306 and 3.310. The differing wording of these provisions has led to confusion and debate in the process of claiming. Particularly, the inconsistent use of terms such as "increase in disability" and "any increase in severity" is the cause of litigation and uncertainty.

Conditions of Service

In order for a veteran to be eligible for benefits, they must demonstrate that their illness or disability is related to their service. This is known as "service connection." Service connection is automatically granted for certain ailments, like Ischemic heart disease or another cardiovascular disease that develops because of specific amputations connected to service. For other conditions, such as PTSD, Niles veterans disability lawsuit (vimeo.com) must provide documents or evidence from those who knew them during the military, to connect their illness to a specific incident that occurred during their service.

A preexisting medical condition may also be service-related in the event that it was aggravated by their active duty service and not through natural progression of the disease. The best method to prove this is by providing the doctor's opinion that the ailment was due to service, and not the normal progression of the condition.

Certain illnesses and injuries are presumed to have been caused or aggravated by the service. These are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans and radiation exposure among Prisoners of War and other Gulf War conditions. Some chronic diseases and tropical illnesses are also thought to be aggravated or caused by military service. This includes AL amyloidosis and various acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis, Tuberculosis, and Diabetes Mellitus Type 2. For more information on these presumptive diseases, click here.

Appeals

The VA has a system to appeal their decision on whether or not to award benefits. The first step is to file a Notice of Disagreement. Your VA-accredited attorney may file this on your behalf but if not, you can file it yourself. This form is used by the VA to inform them that you do not agree with their decision and you would like a higher-level review of your case.

There are two paths to a more thorough review one of which you should carefully consider. You can request a private meeting with a Decision Review Officer in your local office. The DRO will conduct a de novo (no consideration of previous decisions) review and either reverse the previous decision or affirm the decision. You may be required or not required to provide new proof. You may also request an interview with an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

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

Time Limits

You may be eligible for compensation if you have an illness that you developed or worsened as a result of serving in the military. You'll need to wait as the VA reviews and decides on your application. You could have to wait up to 180 calendar days after filing your claim to receive a decision.

Many factors influence the time it takes for VA to decide on your claim. The amount of evidence submitted will play a big role in the speed at which your claim is reviewed. The location of the VA field office that will be reviewing your claim can also influence the length of time it takes.

How often you check in with the VA to see the status of your claim could affect the length of time it takes to finish the process. You can help speed up the process by providing evidence whenever you can and being specific in your information regarding the addresses of the medical care facilities that you utilize, and providing any requested information when it becomes available.

If you think there has been a mistake in the determination of your disability, you can request a higher-level review. You must submit all the details of your case to a knowledgeable reviewer, who will decide whether there was a mistake in the initial decision. This review doesn't contain any new evidence.