How to File a Veterans Disability Claim

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

It's not secret that VA is behind in processing disability claims of Benton harbor Veterans disability attorney. The process can take months or even years.

Aggravation

Veterans may be eligible for disability compensation in the event that their condition was made more difficult by their military service. This type of claim is known as an aggravated impairment and can be either physical or mental. A skilled VA lawyer can help the former service member make an aggravated disability claim. A claimant must show using medical evidence or an independent opinion, that their pre-service medical condition was aggravated due to active duty.

Typically, the most effective method to prove that a pre-service condition was aggravated is to get an independent medical opinion from an expert doctor who is specialized in the condition of the veteran. In addition to the doctor's statement the veteran must also submit medical records as well as statements from family members or friends who attest to their pre-service condition.

When a claim for disability benefits from veterans it is essential to be aware that the aggravated condition must be distinct from the original disability rating. A disability attorney can advise the former soldier on how they can provide enough medical evidence and testimony to prove that their condition was not only aggravated through 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 different language of these provisions has led to confusion and controversy regarding the claims process. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the cause of litigation.

Conditions of Service

In order for a veteran to be eligible for benefits, they must show that their disability or illness is linked to service. This is known as "service connection." For some ailments, like ischemic heart disease, or other cardiovascular diseases that arise as a result of service-connected amputations, a service connection is granted automatically. Veterans with other conditions like PTSD, must provide the evidence of lay witnesses or from people who knew them during their service to link their condition with a specific incident that occurred during their military service.

A preexisting medical condition could be a result of service when it was made worse through active duty and not through natural progress of the disease. It is advisable to provide an explanation from a doctor that the deterioration of the condition was caused by service, and not the natural progression of the disease.

Certain injuries and illnesses may be thought to be caused or aggravated by service. They are known as "presumptive illnesses." This includes exposure to Agent Orange in Vietnam and Korea veterans and radiation exposure among 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, as well as other acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis, and Diabetes Mellitus Type 2. For more information about these presumptive diseases, click here.

Appeals

The VA has a system to appeal their decision to award or deny benefits. The first step is to file an appeal called a Notice of Disagreement. The VA-accredited attorney you have chosen will file this on your behalf but if not, you are able to file it yourself. This form is used by the VA to let them know that you are not satisfied with their decision and would prefer a more thorough review of your case.

There are two ways to get an upscale review that you should take into consideration. You can request a private meeting with the Decision Review Officer at your local office. The DRO will conduct an de novo review (no deference given to the earlier decision) and then either reverse or uphold the earlier decision. You may be required or not be required to present new evidence. The other path is to request an interview with a Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.

There are many factors to consider when choosing the best route for your appeal, so it is important to discuss these options with your VA-accredited attorney. They'll have expertise in this field and know what is the most appropriate option for your particular case. They are also well-versed in the challenges faced by disabled tecumseh veterans disability attorney, which makes them a better advocate for you.

Time Limits

You can seek compensation if you have a disability that was acquired or worsened while serving in the military. However, you'll need patient with the process of review and deciding on your application. It could take up to 180 days after your claim is filed before you receive a decision.

There are many variables which can impact the length of time the VA takes to make an informed decision on your claim. The speed at which your application will be evaluated is largely determined by the amount of evidence you have submitted. The location of the field office handling your claim also influences how long it will take for the VA to review your claim.

Another factor that could affect the time it takes your claim to be processed is how often you contact the VA to check on its progress. You can accelerate the process by sending all documentation as quickly as possible, providing specific details regarding the medical care facility you use, and providing any requested details.

If you believe there was an error in the decision made regarding your disability, you may request a more thorough review. You'll need to provide all the facts of your case to a knowledgeable reviewer who will determine whether there was a mistake in the initial decision. This review does not include any new evidence.