How to File a Veterans Disability Claim

A veteran's disability claim is a critical element of their benefit application. Many veterans receive tax-free income after their claims are approved.

It's not a secret that VA is behind in the processing of claims for disability from veterans. The decision could take months or even years.

Aggravation

fairfield veterans disability law firm could be eligible for disability compensation in the event that their condition was caused by their military service. This type of claim is known as an aggravated disability. It could be either physical or mental. A VA lawyer who is certified can help a former military member submit an aggravated disabilities claim. A claimant has to prove either through medical evidence or an independent opinion, that their pre-service condition was made worse by active duty.

A physician who is an expert on the condition of the veteran will be able to provide an independent medical opinion proving the seriousness of the pre-service condition. In addition to a physician's declaration the veteran will also have to submit medical records and lay assertions from family members or friends who can attest to the seriousness of their pre-service ailments.

It is vital to remember in a claim for a disability benefit for veterans that the condition being aggravated has to be different from the original disability rating. A disability lawyer can help former service members provide the necessary medical evidence and testimony in order to establish that their original condition wasn't just aggravated by military service, but that it was more severe than what it would have been if the aggravating factor wasn't present.

VA proposes to revise its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The differences in the language of these provisions has created confusion and disagreement during the process of filing claims. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the cause of litigation.

Conditions of Service

To qualify for benefits, a veteran must prove that the health or disability was caused by service. This is known as "service connection." Service connection is granted automatically in certain circumstances, including Ischemic heart diseases or any other cardiovascular disease that develops as a result specific amputations connected to service. Veterans suffering from other conditions, like PTSD and PTSD, are required to provide the evidence of lay witnesses or from people who knew them during their service to link their condition to an specific incident that occurred during their military service.

A pre-existing medical condition could be a service-related issue if it was aggravated by active duty and not just the natural progression of the disease. The most effective way to prove this is by providing the doctor's opinion that the aggravation was due to service and not the normal development of the condition.

Certain injuries and illnesses are believed to have been caused or aggravated due to service. These are referred to as "presumptive illnesses." This includes exposure to Agent Orange in Vietnam and Korea veterans and radiation exposure among Prisoners of War and various Gulf War conditions. Certain chronic diseases and tropical illnesses are believed to have been caused or triggered by service. They include AL amyloidosis, chloracne, other acneform diseases such as porphyria cutanea tarda tuberculosis, multiple sclerosis and diabetes mellitus type 2. For more details on these presumptive conditions, visit here.

Appeals

The VA has a process for appealing their decision on the issue of whether or not to grant benefits. The first step is filing a Notice of Disagreement. If your VA-accredited lawyer does not handle this for you, then you can do it yourself. This form is used by the VA to inform them that you are not satisfied with their decision and would like a more thorough review of your case.

There are two options available for a more thorough review. Both options should be considered carefully. You can request a personal meeting with the Decision Review Officer at your local office. The DRO will conduct a de novo review (no deference given to the earlier decision) and then either reverse or confirm the earlier decision. You may or may not be able submit new evidence. You may also request an interview with an Veterans Law judge at the Board of loveland veterans disability lawyer' Appeals, Washington D.C.

It is crucial to discuss these issues with your VA-accredited lawyer. They have experience and know what's best for your case. They are also familiar with the difficulties faced by disabled veterans, which makes them more effective advocates for you.

Time Limits

You can apply for compensation if you have an illness that you developed or worsened while serving in the military. However, you'll need to be patient with the VA's process of considering and deciding about the merits of your claim. You could have to wait up to 180 calendar days after filing your claim before you receive an answer.

There are many variables that influence how long the VA takes to make a decision on your claim. How quickly your claim will be reviewed is largely determined by the amount of evidence that you submit. The location of the VA field office which will be evaluating your claim could also impact the length of time required to review.

The frequency you check in with the VA regarding the status of your claim can influence the time it takes to process your claim. You can accelerate the process by submitting evidence whenever you can, being specific in your address details for the medical care facilities that you use, and submitting any requested information as soon as it's available.

You can request a more thorough review if it is your opinion that the decision made on your disability was incorrect. This involves submitting all relevant facts of your case to an experienced reviewer who will determine whether there was a mistake in the initial decision. The review doesn't include any new evidence.