How to File a Veterans Disability Claim

A veteran's disability claim is an important part of his or her benefit application. Many veterans who have their claims approved receive additional monthly income that is tax free.

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

Aggravation

fayetteville veterans Disability Lawyer could be eligible for disability compensation if their condition was caused by their military service. This type of claim is known as an aggravated disability. It could be either mental or physical. A skilled VA lawyer can assist the former service member submit an aggravated claim. The claimant must demonstrate by proving medical evidence or independent opinions that their medical condition prior to service was made worse by active duty.

Typically the most effective method to prove that a condition prior to service was aggravated is to obtain an independent medical opinion by an expert physician who is knowledgeable about the veteran's disability. In addition to a physician's declaration in addition, the veteran will have to submit medical records and lay assertions from family or friends who can testify to the severity of their pre-service condition.

It is essential to note in a veterans disability claim that the conditions that are aggravated must be different from the initial disability rating. A disability attorney can advise the former service member on how they can provide enough medical evidence and testimony to prove that their condition was not just aggravated through military service, but actually worse than it would have been had it not been for 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 caused confusion and disagreement in the process of claiming. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the source of litigation.

Service-Connected Terms

To be eligible for benefits, a veteran must prove that their impairment or illness was caused by service. This is known as proving "service connection." For certain conditions, like Ischemic heart disease and other cardiovascular diseases that manifest because of services-connected amputations is granted automatically. Veterans with other conditions like PTSD and PTSD, are required to provide witness testimony or lay evidence from those who were their friends during their service to link their condition with a specific event that occurred during their military service.

A preexisting medical condition could be service-related when it was made worse by active duty and not by natural progression of the disease. It is recommended to present the doctor with a report explaining that the aggravation of the condition was caused by service, not just the natural progression.

Certain illnesses and injuries are believed to have been caused or worsened by service. These are known as "presumptive diseases." 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 assumed to have been aggravated or caused by service. These include AL amyloidosis, chloracne or other acne-related disorders Porphyria Cutanea Tighta, tuberculosis, fayetteville Veterans disability lawyer multiple sclerosis and diabetes mellitus type 2. For more information about these presumptive conditions, click here.

Appeals

The VA has a process to appeal their decision as to whether or not they will grant benefits. The first step is to file a Notice of Disagreement. Your VA-accredited attorney will likely complete this for you however if not, you can file it yourself. This form is used by the VA to inform them that you do not agree with their decision, and would like a more thorough review of your case.

There are two options for an upper-level review one of which you should take into consideration. You can request a private meeting with a Decision Review Officer at your local office. The DRO will conduct a review de novo (no deference to the previous decision) and either overturn or affirm the decision made earlier. You may be able or not be required to present new evidence. The alternative is to request an interview before an Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

It is important to discuss all of these issues with your VA-accredited attorney. They have experience and know what's best for your case. They are also familiar with the difficulties that disabled veterans face which makes them more effective advocates for you.

Time Limits

You can claim compensation if you have a disability that you acquired or worsened in the course of serving in the military. You'll need to be patient as the VA examines and decides on your application. You may need to wait up to 180 calendar days after filing your claim before you get a decision.

There are a variety of factors that influence how long the VA will take to reach an decision on your claim. The amount of evidence submitted will play a significant role in the speed at which your claim is reviewed. The location of the VA field office who will review your claim will also affect how long it takes.

Another factor that can impact the length of time it takes 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 providing evidence whenever you can, being specific in your address details for the medical care facilities that you utilize, and providing any requested information when it becomes available.

You may request a higher-level review if it is your opinion that the decision made on your disability was wrong. You must submit all the facts regarding your case to an experienced reviewer, who can determine whether there an error in the original decision. However, this review cannot contain new evidence.