How to File a Veterans Disability Claim

A veteran's disability claim is a crucial element of their benefit application. Many veterans who have their claims approved receive a monthly income that is tax-free.

It's no secret that the VA is a long way behind in the process of processing disability claims for veterans. It could take months, even years, for a decision to be made.

Aggravation

Veterans may be qualified for disability compensation if their condition was aggravated by their military service. This type of claim may be mental or physical. A qualified VA lawyer can help the former soldier make an aggravated disability claim. A claimant has to prove by proving medical evidence or unbiased opinions that their condition prior to service was made worse by active duty.

A physician who is an expert on the condition of the veteran can provide an independent medical opinion that demonstrates the severity of the pre-service condition. In addition to the doctor's opinion, the veteran will also be required to provide medical records as well as lay statements from family or friends who can attest to the seriousness of their pre-service ailments.

In a veterans disability claim, it is important to note that the aggravated condition must differ from the original disability rating. A disability lawyer can help a former servicemember provide enough medical evidence and testimony in order to establish that their original condition wasn't simply aggravated because of military service, but it was worse than it would have been had the aggravating factor had not been present.

VA proposes to rewrite its two "aggravation standards" in its regulations, 38 CFR 3.306 and 3.310. The different language of these provisions has led to confusion and debate regarding the claims process. Specifically, the incongruent usage of terms such as "increase in disability" and "any increase in severity" has been the cause of litigation and confusion.

Conditions of Service

To qualify for benefits, veterans must show that his or her impairment or illness was caused by service. This is known as "service connection." For certain conditions, such as ischemic heart disease, or other cardiovascular diseases that manifest as a result of service-connected amputations, service connection is granted automatically. columbia Veterans disability Attorney (vimeo.com) with other conditions such as PTSD, must provide witness testimony or lay evidence from those who knew them during their time in service to connect their condition with a specific incident that occurred during their time in the military.

A pre-existing medical problem can be a result of service in the case that it was aggravated due to active duty service and not due to the natural progression of the disease. The best method to prove this is to present an opinion from a doctor that states that the aggravation was due to service and not the normal development of the condition.

Certain illnesses and injuries are believed to have been caused or aggravated by service. These are referred to as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans, radiation exposure in Prisoners of War, and other Gulf War conditions. Some chronic diseases and tropical diseases are believed to have been aggravated or triggered by service. This includes AL amyloidosis and 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 probable diseases.

Appeals

The VA has a procedure to appeal their decision to grant or deny benefits. The first step is filing a Notice Of Disagreement. If your VA-accredited lawyer will not do this for you, then you're able to complete the process on your own. This form is used by the VA to inform them that you disagree with their decision and would prefer a more thorough review of your case.

There are two paths to a more thorough 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 given to the decision made previously) and either reverse or affirm the earlier decision. You may or columbia veterans disability attorney may not be able submit new evidence. You may also request an appearance before a gresham veterans disability law firm Law judge at the Board of Veterans' Appeals, Washington D.C.

There are a variety of factors that go into choosing the best route for your appeal, and it's crucial to discuss these issues with your attorney who is accredited by the VA. They're experienced in this field and know what makes sense for your particular situation. They are also well-versed in the difficulties faced by disabled veterans and their families, which makes them a better advocate for you.

Time Limits

If you suffer from a condition which was created or worsened during military service, you can file a claim to receive compensation. But you'll need to be patient when it comes to the VA's process of reviewing and deciding on your claim. It could take up 180 days after the claim has been submitted before you get a decision.

Many factors influence the time it takes for VA to determine your claim. The amount of evidence you provide will play a significant role in the speed at which your application is evaluated. The location of the VA field office that will be reviewing your claim will also affect the length of time it takes.

The frequency you check in with the VA regarding the status of your claim can influence the time it takes to process. You can speed up the claim process by sending all documentation as quickly as you can, including specific details about the medical center you use, and sending any requested details.

You can request a higher level review if it is your opinion that the decision made on your disability was unjust. This involves submitting all the facts that exist in your case to an expert reviewer who can determine if there was an error in the original decision. This review does not include any new evidence.