How to File a Veterans Disability Claim

The claim of disability for a veteran is an important component of the application process for benefits. Many aberdeen veterans Disability law Firm who have their claims accepted receive a monthly income which is tax-free.

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

Aggravation

Veterans may be entitled to disability compensation if their condition was aggravated due to their military service. This kind of claim is known as an aggravated disability. It could be either mental or physical. A VA lawyer who is qualified can assist an ex-military personnel to file a claim for aggravated disabilities. A claimant must prove, with medical evidence or independent opinions, that their pre-service medical condition was aggravated through active duty.

A physician who is an expert on the disability of the veteran can offer an independent medical opinion that will demonstrate the seriousness of the pre-service condition. In addition to the doctor's report, the veteran is required to submit medical records as well as statements from relatives or friends who can attest to their pre-service condition.

It is crucial to remember when submitting a claim for disability benefits for tucumcari veterans disability lawsuit that the aggravated condition must be different from the initial disability rating. An attorney who is a disability attorney can help a former servicemember on how to provide the proper medical evidence and proof that their health condition was not merely aggravated through military service, but actually worse than it would have been without the aggravating factor.

In order to address this issue VA is proposing to align the two "aggravation" standards in its regulations 38 CFR 3.306 and 3.310. The different wording in these regulations has led to confusion and controversy in the process of making claims. The incongruent use phrases like "increased disability" and "any increased severity" have been the cause of litigation.

Service-Connected Conditions

To qualify a veteran for benefits, they must prove that their condition or illness is related to service. This is known as proving "service connection." For some diseases, such as Ischemic heart disease or other cardiovascular diseases that arise because of service-connected amputations, service connection is granted automatically. For other conditions, such as PTSD, veterans must provide documents or evidence from people who were their friends in the military, in order to connect their condition to an specific incident that took place during their service.

A pre-existing medical condition could be a result of service when it was made worse due to active duty service and not as a natural progression of the disease. The most effective method to prove this is by providing the doctor's opinion that the aggravation was due to service and not just the normal progression of the condition.

Certain injuries and illnesses may be believed to be caused or aggravated by treatment. These are called "presumptive diseases." This includes exposure to Agent Orange for Vietnam and Korean elmwood park veterans disability attorney, exposure to radiation in prisoner of war, and various Gulf War conditions. Some chronic diseases and tropical illnesses are also thought to be aggravated or caused by military service. These are AL amyloidosis and chloracne as well as other acne-related conditions, porphyria cutanea tarda, multiple sclerosis, tuberculosis, and diabetes mellitus type 2. Click here for more details about these probable diseases.

Appeal

The VA has a process for appealing their decision on the issue of whether or not to grant benefits. The first step is to file a Notice Of Disagreement. If your VA-accredited lawyer does not do this for you, then you can complete the process on your own. This form is used to tell the VA you disagree with their decision and you'd like to have a more thorough review of your case.

There are two options for an additional level review. Both options should be considered carefully. You can request a private meeting with a Decision Review Officer at your local office. The DRO will conduct a de novo review (no deference given to the previous decision) and then either reverse or affirm the earlier decision. You may be able or not to submit new proof. The other path is to request an appointment before a Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.

It is crucial to discuss all of these factors with your VA-accredited lawyer. They have experience and know what is best for your case. They are also aware of the difficulties that disabled veterans face and can be a stronger advocate on your behalf.

Time Limits

If you suffer from a condition that was caused or aggravated in the military, you may file a claim to receive compensation. But you'll have to be patient when it comes to the VA's process for reviewing and deciding on your application. You may need to wait up to 180 calendar days after submitting your claim before you get an answer.

Many factors influence how long it takes the VA to determine your claim. The amount of evidence you submit will play a major role in the speed at which your claim is evaluated. The location of the VA field office who will review your claim can also influence the length of time it takes.

Another aspect that could affect the time required for your claim to be processed is the frequency at which you contact the VA to check on the status of your claim. You can speed up the process by providing all evidence as fast as you can, including specific details regarding the medical care facility you use, and sending any requested information.

You could request a higher-level review if you feel that the decision you were given regarding your disability was wrong. You'll need to provide all the details of your case to a knowledgeable reviewer, who can determine whether there was a mistake in the original decision. However, this review can't include any new evidence.