How to File a Veterans Disability Claim

A veteran's disability claim is a crucial part of his or her benefit application. Many veterans who have their claims accepted receive a monthly income that is tax free.

It's not a secret that VA is behind in processing disability claims of 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 kind of claim is known as an aggravated disability. It could be mental or physical. A VA lawyer who is certified can assist a former military member submit an aggravated disabilities claim. A claimant needs to prove via medical evidence or unbiased opinions that their pre-service condition was aggravated due to active duty.

A physician who is an expert on the disability of the veteran can offer an independent medical opinion that demonstrates the severity of the condition prior to service. In addition to a physician's declaration, the veteran will also need to submit medical records and lay declarations from family members or friends who can attest to the severity of their pre-service condition.

In a veterans disability claim, it is important to note that the aggravated condition must differ from the original disability rating. An attorney for disability can guide the former service member on how they can provide enough medical evidence and evidence to show that their original condition was not just aggravated through military service, but was worse than it would have been without the aggravating factor.

VA proposes to revise its two "aggravation standards" in its regulations, 38 CFR 3.306 and 3.310. The difference in the wording of these provisions has created confusion and controversy in the process of claiming. Specifically, the incongruent use of terms like "increase in disability" and "any increase in severity" has been the source of litigation and uncertainty.

Conditions of Service

In order for a veteran to be eligible for benefits, they must prove that their disability or illness is related to their service. This is known as showing "service connection." Service connection is granted automatically for certain conditions, such Ischemic heart diseases and other cardiovascular diseases that arise as a result specific service-connected amputations. For other conditions, like PTSD, monticello veterans Disability lawyer must provide the evidence of laypeople or people who knew them in the military, to connect their condition with a specific incident that occurred during their time of service.

A pre-existing medical issue can be a service-related issue when it was made worse by active duty and not just the natural progression of disease. It is best to provide the doctor with a report explaining that the aggravation of the condition was caused by service and not the natural progress of the disease.

Certain ailments and injuries are presumed to have been caused or worsened by service. These are referred to as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans, radiation exposure in Prisoners of War, as well as other Gulf War conditions. Certain chronic diseases and tropical illnesses are believed to have been caused or triggered by service. This includes AL amyloidosis and other acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis and Diabetes Mellitus Type 2. For more information on these presumptive diseases, click here.

Appeal

The VA has a procedure for appeals to appeal their decision regarding whether or not to award benefits. The first step is filing a Notice Of Disagreement. Your VA-accredited attorney will likely make this filing on your behalf however if not, you can file it yourself. This form is used by the VA to let them know that you are not satisfied with their decision and want a higher level review of your case.

There are two ways to get a higher-level review one of which you must carefully consider. You can request a personal meeting with an official from the Decision Review Office at your local office. The DRO will conduct a de novo (no review is given to the previous decisions) review and either reverse the earlier decision or maintain it. You may be able or not be required to present new evidence. You may also request an interview with a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It's important to discuss these aspects with your VA-accredited lawyer. They'll have experience and know what is best for your case. They also know the issues faced by disabled hobbs veterans disability lawyer and can help them become an effective advocate on your behalf.

Time Limits

If you suffer from a disability that was caused or aggravated during military service, then you can file a claim to receive compensation. You'll need to wait while the VA reviews and decides on your claim. It could take up to 180 calendar days after submitting your claim before you get an answer.

Many factors influence the time it takes for the VA to determine your claim. The amount of evidence submitted will play a big role in how quickly your claim is reviewed. The location of the field office that handles your claim can also influence the time it will take for the VA to review your claim.

Another factor that can affect the length of time it takes your claim to be processed is how often you contact the VA to inquire about its progress. You can help accelerate the process by submitting evidence as soon as 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.

You could request a higher-level review if you believe the decision made on your disability was unjust. You'll need to provide all the facts regarding your case to an experienced reviewer, who will decide whether there was a mistake in the original decision. The review doesn't include any new evidence.