How to File a Veterans Disability Claim

A veteran's disability claim is an important part of his or her benefit application. Many veterans get tax-free income when their claims are granted.

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

Aggravation

A veteran may be able to receive disability compensation for an illness that was worsened due to their military service. This type of claim may be mental or physical. A VA lawyer who is qualified can assist a former military member submit an aggravated disabilities claim. The claimant must demonstrate by proving medical evidence or an independent opinion, that their pre-service medical condition was made worse by active duty.

Typically, the most effective method to prove that a pre-service issue was made worse is by obtaining an independent medical opinion by an expert physician who is knowledgeable about the disability of redlands veterans disability attorney. In addition to the doctor's statement the veteran must also submit medical records and statements from relatives or friends who can attest to their pre-service condition.

In a veterans disability claim it is crucial to keep in mind that the aggravated condition has to be different from the original disability rating. An attorney who is a disability attorney can help a former servicemember on how to provide the proper medical evidence and testimony to establish that their original condition was not only aggravated by military service, but was worse than it would have been without the aggravating factor.

In addressing this issue VA is proposing to align the two "aggravation" standards within its regulations 38 CFR 3.306 and 3.310. The different language of these provisions has caused confusion and controversies regarding the claims process. The incongruent use phrases like "increased disability" and "any increased severity" have been the root of litigation.

Conditions of Service

To be eligible for benefits veterans must show that the condition or disability was caused by service. This is known as "service connection." For some conditions, like Ischemic heart disease and other cardiovascular diseases that arise as a result of specific service-connected amputations, a service connection is automatically granted. For other conditions, like PTSD the veterans must present lay evidence or testimony from those who knew them during the military to prove their illness to a specific incident that occurred during their time of service.

A pre-existing medical condition could be a result of service in the case that it was aggravated due to active duty service and not as a natural progression of disease. It is advisable to provide a doctor's report that explains that the deterioration of the condition was caused by service, and not simply the natural progress of the disease.

Certain injuries and illnesses are believed to be caused or aggravated due to service. These are called "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans, radiation exposure in Prisoners of War and various Gulf War conditions. Certain chronic diseases and tropical illnesses are believed to have been caused or caused by military service. This includes AL amyloidosis and various acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis, and Diabetes Mellitus Type 2. Click here for more information about these presumptive diseases.

Appeals

The VA has a system to appeal 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're able to complete it on your own. This form is used by the VA to inform them that you do not agree with their decision and want a higher level review of your case.

There are two options to request an additional level review. Both options should be carefully considered. One is to request a hearing with a Decision Review Officer at your regional office. The DRO will conduct an in-person (no review is given to previous decisions) review and either overturn the earlier decision or uphold it. You may or may not be able to present new evidence. Another option is to request a hearing before a Longview Veterans Disability Lawyer Law Judge at the Board of Veterans' Appeals in Washington, D.C.

There are many factors that go into choosing the most effective route for your appeal, so it's important to discuss these issues with your attorney who is accredited by the VA. They have experience and know what is best for your situation. They are also aware of the challenges that disabled veterans face and can help them become a stronger advocate for you.

Time Limits

You can seek compensation if you suffer from a disability that was acquired or worsened while serving in the military. However, you'll need patient during the VA's process of review and deciding on your application. You may need to wait up to 180 calendar days after submitting your claim before you receive a decision.

There are a variety of factors that affect the time the VA will take to reach an informed decision on your claim. The amount of evidence that you submit will play a major role in how quickly your application is considered. The location of the VA field office which will be evaluating your claim can also impact the length of time required to review.

Another factor that could affect the time required for your claim to be processed is how often you contact the VA to check on its progress. You can accelerate the process of filing a claim by providing all evidence as fast as possible, providing specific details about the medical facility you use, as well as providing any requested information.

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