How to File a Veterans Disability Claim

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

It's not secret that VA is behind in processing veteran disability claims. It can take months, even years, for a decision to be made.

Aggravation

A veteran might be able to claim disability compensation for an illness that was caused by their military service. This kind of claim is known as an aggravated disability and can be mental or physical. A qualified VA lawyer can help the former soldier to file an aggravated disability claim. A claimant must show, with medical evidence or independent opinions that their pre-service medical condition was made worse due to active duty.

Typically the most effective way to prove that a pre-service issue was aggravated is through an independent medical opinion by an expert in the veteran's disability. In addition to the doctor's statement the veteran should also submit medical records and statements from relatives or friends who can attest to their pre-service condition.

It is vital to remember in a claim to be disabled by a veteran that the condition being aggravated has to 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 evidence to show that their health condition was not merely aggravated through military service, but was worse than it would have been had it not been for the aggravating factor.

VA proposes to realign its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The differences in the language of these provisions has created confusion and controversy in 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 disputes and confusion.

Service-Connected Conditions

In order for a veteran to be eligible for benefits, they have to prove that their condition or illness is linked to service. This is referred to as proving "service connection." Service connection is granted automatically for certain conditions, such ischemic heart diseases or other cardiovascular diseases that develop because of specific amputations that are connected to service. For other conditions, like PTSD, veterans must provide witnesses or lay evidence from people who were their friends in the military, to connect their condition to a specific incident that occurred during their service.

A preexisting medical problem could be a result of service if it was aggravated by active duty and not through natural progress of the disease. The most effective method to prove this is by providing a doctor's opinion that states that the aggravation was due to service and not just the normal progression of the disease.

Certain injuries and illnesses may be presumed to be caused or aggravated because of service. These are referred to as "presumptive illnesses." 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 caused or triggered by service. This includes AL amyloidosis as well as other acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis, Tuberculosis as well as Diabetes Mellitus Type 2. For more information on these presumptive conditions, visit here.

Appeal

The VA has a system for appealing their decision to grant or deny benefits. The first step is to submit a Notice of Disagreement. If your VA-accredited lawyer will not take this step for veterans disability lawyer the client, then you must do it yourself. This form is used by the VA to inform them that you are not satisfied with their decision, and want a higher level review of your case.

There are two options available for a higher level review. Both should be considered carefully. One option is to request a private hearing with the Decision Review Officer in your regional office. The DRO will conduct an de novo review (no deference given to the earlier decision) and then either reverse or veterans disability attorney confirm the earlier decision. You might or may not be allowed to submit new evidence. You may also request an interview with an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It's important to discuss these aspects with your VA-accredited attorney. They'll have experience and know what is best for your situation. They are also well-versed in the difficulties that disabled Indiana veterans disability lawsuit face, which makes them an effective advocate for you.

Time Limits

You can claim compensation if you suffer from an impairment that you acquired or worsened in the course of serving in the military. You'll have to be patient as the VA reviews and decides on your application. You may have to wait up to 180 calendar days after submitting your claim before receiving an answer.

Many factors affect the time it takes for VA to determine your claim. The amount of evidence you submit will play a major role in how quickly your claim is considered. The location of the field office that is responsible for your claim also influences the time it takes for the VA to review your claims.

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

You could request a higher-level review if it is your opinion that the decision you were given regarding your disability was not correct. You'll need to provide all of the facts about your case to an experienced reviewer, who will decide whether there an error in the original decision. However, this review cannot include new evidence.