How to File a Veterans Disability Claim

The claim of a disabled veteran is a vital part of the application for benefits. Many veterans disability attorneys receive tax-free income when their claims are granted.

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

Aggravation

Veterans may be eligible for disability compensation if their condition was aggravated due to their military service. This kind of claim can be either mental or physical. A licensed VA lawyer can assist the former service member file an aggravated disability claim. A claimant has to prove by proving medical evidence or independent opinions that their pre-service condition was made worse by active duty.

Typically the best way to demonstrate that a pre-service condition was made worse is by obtaining an independent medical opinion by a physician who specializes in the veteran's disability. In addition to the doctor's opinion in addition, the veteran will be required to provide medical records and lay declarations from family members or friends who are able to confirm the severity of their pre-service condition.

It is crucial to remember when submitting a claim for disability benefits for veterans that the aggravated condition must be different from the initial disability rating. A disability attorney can advise the former service member on how to provide the proper medical evidence and veterans disability lawyers evidence to show that their condition was not only aggravated through military service, but was worse than it would have been had it not been for the aggravating factor.

In addressing this issue, VA is proposing to change the two "aggravation" standards within its regulations - 38 CFR 3.306 and 3.310. The differences in the language of these provisions has caused confusion and controversy during the process of filing claims. Specifically, the incongruent use of phrases such as "increase in disability" and "any increase in severity" has been the source of disputes and uncertainty.

Service-Connected Terms

To be eligible for benefits, they must prove that their illness or disability is related to service. This is referred to as "service connection." For some conditions, such as ischemic heart disease or other cardiovascular diseases that arise as a result of specific service-connected amputations, a service connection is granted automatically. For other conditions, like PTSD, veterans disability lawyers (www.Google.com.br) must provide lay evidence or testimony from those who knew them during the military, to link their condition to a specific incident that took place during their service.

A preexisting medical condition could also be service-related in the case that it was aggravated by their active duty service and not caused by the natural progression of the disease. It is best to submit the doctor with a report explaining that the aggravation of the condition was caused by service and not the natural progress of the disease.

Certain injuries and illnesses may be presumed to be caused or aggravated by service. They are known as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in Prisoners of war, and different Gulf War conditions. Some chronic diseases and tropical illnesses are also thought to be aggravated or caused by military service. They include AL amyloidosis, chloracne, other acne-related conditions such as porphyria cutanea tarda multiple sclerosis, tuberculosis, and diabetes mellitus type 2. For more information about these presumptive conditions, click here.

Appeals

The VA has a procedure for appeals to appeal their decision regarding whether or not to award benefits. The first step is to file a Notice of Disagreement. If your VA-accredited lawyer will not take this step for you, then you can do it on your own. This form is used to inform the VA you disagree with their decision and you'd like to have a more thorough review of your case.

You have two options for higher-level review. Both should be carefully considered. You can request a private meeting with the Decision Review Officer at your local office. The DRO will conduct a de novo review (no deference given to the earlier decision) and then either reverse or confirm the earlier decision. You could or might not be able submit new evidence. Another option is to request an interview with an Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.

There are many aspects to consider when selecting the most appropriate route for your appeal, so it's important to discuss 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 situation. They also know the issues faced by disabled veterans disability attorneys and can be more effective advocates for you.

Time Limits

If you suffer from a physical or mental impairment that was acquired or worsened during your military service, you may file a claim to receive compensation. You'll need to wait while the VA examines and decides on your claim. It could take up to 180 days after the claim has been filed before you receive a decision.

Many factors affect the time it takes for the VA to determine your claim. The amount of evidence that you submit will play a significant role in how quickly your application is reviewed. The location of the field office that handles your claim can also influence the time it will take for the VA to review your claim.

Another factor that could affect the time required for your claim to be processed is the frequency at which you contact the VA to inquire about its progress. You can speed up the claim process by sending all documentation as quickly as you can, and providing specific details regarding the medical facility you use, as well as providing any requested details.

If you believe that there has been a mistake in the decision on your disability, you may request a higher-level review. You must submit all the details of your case to a knowledgeable reviewer, who will determine whether there an error in the original decision. The review doesn't include any new evidence.