How to File a Veterans Disability Claim

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

It's not a secret that VA is behind in processing disability claims of veterans disability lawyer. The process can take months or even years.

Aggravation

A veteran may be able to receive disability compensation for the condition that was worsened by their military service. This type of claim is referred to as an aggravated disability. It can be either physical or mental. A skilled VA lawyer can help the former soldier file an aggravated disability claim. A claimant needs to prove by proving medical evidence or an independent opinion, that their pre-service condition was aggravated due to active duty.

A physician 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 illness. In addition to a physician's declaration the veteran will have to submit medical records and lay assertions from family or friends who can attest to the severity of their pre-service conditions.

It is important to note in a claim to be disabled by a veteran that the aggravated conditions must be different than the original disability rating. An attorney who is a disability attorney can help the former soldier on how to provide the proper medical evidence and testimony to establish that their original condition was not just aggravated by military service, but was worse than it would have been without the aggravating factor.

In addressing this issue, VA is proposing to change the two "aggravation" standards in its regulations 38 CFR 3.306 and 3.310. The different wording in these regulations has led to confusion and controversies during the process of claiming. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the source of litigation.

Service-Connected Conditions

To qualify for benefits, veterans must prove his or her impairment or illness was caused by service. This is called showing "service connection." For some conditions, like Ischemic heart disease or other cardiovascular diseases that arise because of services-connected amputations is granted automatically. For other conditions, such as PTSD veterans have to present documents or Veterans disability law firms evidence from people who were their friends in the military to prove their condition to an specific incident that took place during their time in service.

A pre-existing medical condition can also be service related in the case that it was aggravated by active duty and not due to the natural progression of disease. The best method to prove this is to present the doctor's opinion that the aggravation was due to service, and not the normal progression of the disease.

Certain illnesses and injuries are presumed to have been caused or aggravated due to service. These are referred to as "presumptive diseases." They include exposure to Agent Orange for Vietnam and Korean veterans exposure to radiation in Prisoners of war, and numerous Gulf War conditions. Some chronic illnesses and tropical diseases are believed to have been caused or worsened by military service. These are AL amyloidosis, chloracne or other acne-related diseases and porphyria cutsanea tarda multiple sclerosis, tuberculosis, and diabetes mellitus type 2. Click here for more details regarding these presumptive diseases.

Appeal

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

There are two routes to an upscale review, both of which you should consider carefully. One option is to request a personal hearing with a Decision Review Officer at your regional office. The DRO will conduct an de novo review (no deference given to the previous decision) and either overturn or affirm the earlier decision. You could be able or not required to provide new proof. You may also request an appearance before an Veterans Law judge at the Board of veterans disability law firms; what is it worth,' Appeals, Washington D.C.

There are a variety of aspects to consider when selecting the most appropriate route for your appeal, so it's crucial to discuss these with your attorney who is accredited by the VA. They'll have experience and will know the best route for your case. They are also aware of the difficulties that disabled veterans face and can help them become an effective advocate on your behalf.

Time Limits

If you suffer from a condition which was created or worsened during military service, then you can file a claim and receive compensation. However, you'll need to be patient when it comes to the VA's process for veterans disability law Firms review and deciding on your claim. It could take up to 180 days after your claim is filed before you get a decision.

Many factors can influence the time it takes for the VA to consider your claim. The speed at which your claim will be reviewed is largely determined by the amount of evidence you have submitted. The location of the field office that handles your claim will also impact the time it takes for the VA to review your claims.

Another factor that can affect the time it takes for your claim to be processed is the frequency at which you contact the VA to inquire about its progress. You can help accelerate the process by submitting your evidence promptly by being specific with your information regarding the addresses of the medical care facilities you use, and submitting any requested information as soon as it's available.

You may request a higher-level review if you feel that the decision based on your disability was not correct. This involves submitting all the evidence in your case to an expert reviewer who can determine whether there was an error in the initial decision. However, this review is not able to contain new evidence.