How to File a Veterans Disability Claim

A veteran's disability claim is an important element of their benefit application. Many veterans disability attorney get tax-free income after their claims are approved.

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

Aggravation

port st Lucie veterans disability lawsuit may be qualified for disability compensation if their condition was caused by their military service. This type of claim is referred to as an aggravated disability. It could be either mental or physical. A VA lawyer who is competent can help an ex-military person file an aggravated disabilities claim. The claimant must prove either through medical evidence or independent opinions that their pre-service condition was aggravated due to active duty.

A physician who is an expert in the disability of the veteran can offer an independent medical opinion which will prove the severity of the condition prior to service. In addition to a doctor's report the veteran will have to submit medical records and lay assertions from family members or friends who can attest to the severity of their pre-service condition.

In a claim for a disability benefit for veterans it is crucial to be aware that the aggravated condition has to be distinct from the original disability rating. A disability attorney can advise the former soldier on how to present sufficient medical evidence and testimony to establish that their original condition was not just aggravated through military service, but actually worse than it would have been without the aggravating factor.

In addressing this issue, VA proposes to re-align the two "aggravation" standards in its regulations - 38 CFR 3.306 and 3.310. The differing wording of these regulations has caused confusion and controversies during the process of claiming. The inconsistent use of phrases such as "increased disability" and "any increased severity" are the main cause of litigation.

Service-Connected Terms

To qualify for benefits, the veteran must prove that the disability or illness was caused by service. This is known as showing "service connection." Service connection is automatically granted for certain ailments, like Ischemic heart diseases and other cardiovascular disease that develops because of specific service-connected amputations. Veterans suffering from other conditions, like PTSD, must provide lay testimony or evidence from people who were close to them during their time in the military to connect their condition to an specific incident that occurred during their time in the military.

A preexisting medical condition may also be service-related in the case that it was aggravated through active duty and not by natural progress of the disease. It is recommended to present the doctor with a report explaining that the deterioration of the condition was caused by service, and not simply the natural progression of the disease.

Certain ailments and injuries can be believed to be caused or aggravated due to service. They are known as "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 diseases are believed to have been caused or caused by service. This includes AL amyloidosis, as well as other acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis Tuberculosis as well as Diabetes Mellitus Type 2. Click here for more information about these presumptive diseases.

Appeals

The VA has a procedure to appeal their decision on the issue of whether or not to grant benefits. The first step is filing an appeal called a Notice of Disagreement. Your VA-accredited attorney may file this on your behalf however, if not, you may file it yourself. This form is used by the VA to let them know that you are not satisfied with their decision and would like a more thorough review of your case.

You have two options for a higher level review. Both should be considered carefully. You can request a private meeting with the Decision Review Officer at your local office. The DRO will perform a de novo (no consideration is given to prior decisions) review and either overturn the previous decision or affirm the decision. You might or may not be able to present new evidence. The other path is to request a hearing before an Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.

It's important to discuss all of these issues with your VA-accredited attorney. They'll have experience in this area and will know what makes the most sense for your particular case. They also know the difficulties faced by disabled veterans disability attorney and can be an effective advocate for port st lucie veterans disability lawsuit you.

Time Limits

You can seek compensation if you have a disability that was acquired or worsened while serving in the military. You'll need to wait while the VA evaluates and makes a decision on your application. It could take up 180 days after the claim has been filed before you are given an answer.

Many factors affect the time it takes for VA to decide on your claim. The amount of evidence you submit will play a big role in how quickly your claim is considered. The location of the VA field office who will review your claim will also affect the length of time it takes.

Another aspect that could affect the length of time it takes your claim to be processed is how often you contact the VA to inquire about the progress of your claim. You can accelerate the process by submitting all evidence as quickly as you can, and providing specific details about the medical care facility you use, as well as providing any requested information.

If you believe there has been an error in the determination of your disability, then you can request a more thorough review. This means that you submit all the evidence in your case to a senior reviewer who can determine whether there was a mistake in the original decision. However, this review can't include new evidence.