How to File a Veterans Disability Claim

The claim of a disabled veteran is a crucial part of the application for benefits. Many veterans who have their claims approved receive additional monthly income which is tax-free.

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

Aggravation

A veteran may be able to receive disability compensation for an illness that was caused by their military service. This type of claim can be mental or physical. A qualified VA lawyer can assist former service members file an aggravated disability claim. A claimant must show, with medical evidence or independent opinions, that their pre-service medical condition was aggravated through active duty.

A doctor who is an expert on the disability of the veteran can offer an independent medical opinion that will demonstrate the severity of the pre-service condition. In addition to the doctor's statement the veteran should also submit medical records as well as statements from family members or friends who attest to their pre-service condition.

It is crucial to remember in a claim for a disability benefit for veterans that the condition being aggravated has to differ from the original disability rating. An attorney for disability can guide an ex-servicemember on how they can provide enough medical evidence and proof that their original condition was not only aggravated by military service, but actually worse than it would have been had it not been for 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 caused confusion and controversies during the process of claiming. Particularly, the inconsistent use of phrases such as "increase in disability" and "any increase in severity" has been the cause of litigation and confusion.

Conditions that are associated with Service

To be eligible for benefits, veterans must show that his or her condition or disability was caused by service. This is known as "service connection." For certain ailments, like ischemic heart disease, or other cardiovascular diseases that manifest due to specific service-connected amputations, a service connection is automatically granted. For other conditions, like PTSD veterans have to present documents or evidence from people who knew them in the military, in order to connect their illness to a specific incident that occurred during their time in service.

A preexisting medical condition could be a result of service if it was aggravated by active duty and not by natural progression 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 the natural progression.

Certain illnesses and injuries are believed to have been caused or worsened by service. They are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in Prisoners of War, amarillo veterans disability law firm and other Gulf War conditions. Certain chronic diseases and tropical illnesses are believed to have been aggravated or caused by military service. This includes AL amyloidosis as well as other acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis, Tuberculosis and diabetes Mellitus Type 2. For more information about these presumptive conditions, amarillo veterans Disability law firm click here.

Appeals

The VA has a procedure for appealing their decision to grant or deny benefits. The first step is to file an appeal called a Notice of Disagreement. If your VA-accredited lawyer does not do this for you, then you can do it on your own. This form is used by the VA to inform them that you disagree with their decision, and want a higher level review of your case.

You have two options for a higher level review. Both options should be considered carefully. One option is to request a personal hearing with an officer from the Decision Review Office at your regional office. The DRO will perform an in-person (no review is given to prior decisions) review and either overturn the previous decision or affirm it. You could be able or not required to submit a new proof. You may also request a hearing before a Amarillo veterans disability law firm Law judge at the Board of Veterans' Appeals, Washington D.C.

It's important to discuss these aspects with your VA-accredited attorney. They will have experience and know what's best for your case. They are also familiar with the challenges that disabled veterans face and can be an ideal advocate for you.

Time Limits

If you suffer from a disability that was acquired or worsened during your military service, you can file a claim and receive compensation. It is important to be patient as the VA reviews and decides on your claim. You may need to wait up to 180 calendar days after filing your claim before you get a decision.

There are many variables that influence how long the VA takes to make an decision on your claim. How quickly your application will be considered is mostly determined by the amount of evidence you submit. The location of the field office handling your claim will also affect how long it will take for the VA to review your claims.

The frequency you check in with the VA regarding the status of your claim could also affect the time it takes to finish the process. You can accelerate the process by sending all documentation as quickly as you can, and providing specific information regarding the medical center you use, as well as providing any requested details.

You may request a higher-level review if it is your opinion that the decision based on your disability was not correct. You will need to submit all the details of your case to an experienced reviewer, who can determine whether there was a mistake in the initial decision. But, this review will not include any new evidence.