How to File a Veterans Disability Claim

A veteran's disability claim is an important part of their benefit application. Many veterans earn tax-free earnings when their claims are accepted.

It's no secret that the VA is a long way behind in processing disability claims from amory veterans disability Lawyer. A decision can take months or even years.

Aggravation

A veteran may be able to receive disability compensation for a condition caused by their military service. This type of claim is called an aggravated disability and can be either physical or mental. A VA lawyer who is qualified can help an ex-military member to file a claim for aggravated disabilities. A claimant has to prove using medical evidence or independent opinions, that their pre-service medical condition was made worse by active duty.

Typically, the best way to demonstrate that a pre-service issue was aggravated is to obtain an independent medical opinion from an expert in the condition of the veteran. In addition to a physician's declaration in addition, the veteran will be required to provide medical records as well as lay statements from family or friends who can confirm the severity of their pre-service conditions.

It is crucial to remember when submitting a claim for disability benefits for veterans that the aggravated conditions must be different from the original disability rating. A disability lawyer can help the former service member provide sufficient medical evidence and witness to establish that their original condition wasn't simply aggravated because of military service, but was also more severe than what it would have been if the aggravating factor weren't present.

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

Service-Connected Terms

To qualify for benefits, a veteran must prove that his or her health or disability was caused by service. This is known as "service connection." For certain conditions, like Ischemic heart disease and other cardiovascular diseases that develop due to specific Amputations that are connected to service, the service connection is granted automatically. For other conditions, like PTSD veterans are required to provide the evidence of laypeople or people who knew them in the military, to link their illness to a specific incident that took place during their time of service.

A pre-existing medical condition can be a result of service in the case that it was aggravated by active duty and not just the natural progression of the disease. The most effective method to demonstrate this is to provide a doctor's opinion that states 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 due to service. These are referred to as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea johnsburg veterans disability lawyer radiation exposure in prisoners of War, as well as other Gulf War conditions. Certain chronic diseases and tropical illnesses are also believed to have been caused or triggered by service. These are AL amyloidosis, chloracne or other acneform diseases such as porphyria cutanea tarda tuberculosis and multiple sclerosis and diabetes mellitus type 2. Click here for more information about these probable diseases.

Appeals

The VA has a system to appeal their decision to grant or deny benefits. The first step is to submit a Notice of Dispute. If your lawyer is certified by VA and does not handle this for you, then you can complete the process on your own. This form allows you to inform the VA that you are not satisfied with their decision and that you'd like to have a more thorough review of your case.

There are two routes to an upper-level review that you must carefully consider. One is to request a hearing with the Decision Review Officer in your regional office. The DRO will conduct a de novo review (no deference given to the previous decision) and either reverse or affirm the decision made earlier. You could be able or not required to submit a new proof. You may also request a hearing before an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

There are a variety of factors that go into choosing the best lane for your appeal, so it's essential to discuss these with your VA-accredited attorney. They have experience and know what's best for your case. They also understand the challenges faced by disabled veterans, which can make them a stronger advocate on your behalf.

Time Limits

You may be eligible for compensation if you suffer from a disability that was acquired or worsened in the course of serving in the military. You'll need to wait as the VA evaluates and makes a decision on your application. It could take as long as 180 days after the claim has been filed before you get a decision.

There are many variables that can affect how long the VA will take to make an decision on your claim. The amount of evidence you submit will play a big role in the speed at which your claim is considered. The location of the VA field office which will be evaluating your claim can also influence the time it takes to review your claim.

Another aspect that could affect the time it takes for your claim to be processed is how often you contact the VA to inquire about the status of your claim. You can accelerate the process by sending all documentation as quickly as possible, providing specific details about the medical facility you use, as well as sending any requested information.

You may request a higher-level review if it is your opinion that the decision you were given regarding your disability was unjust. You will need to submit all the facts regarding your case to an experienced reviewer, who will decide whether there an error in the initial decision. But, this review will not include new evidence.