How to File a Veterans Disability Claim

The claim of disability for a veteran is a vital element of the application for benefits. Many veterans who have their claims accepted receive additional monthly income that is tax free.

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

Aggravation

A veteran could be eligible to receive 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 either physical or mental. A VA lawyer who is certified can assist an ex-military member make an aggravated disability claim. A claimant needs to prove via medical evidence or an independent opinion, that their pre-service condition was aggravated due to active duty.

A physician who is an expert in the condition of the veteran can provide an independent medical opinion which will prove the severity of the pre-service condition. In addition to the physician's statement, the veteran must also submit medical records and the lay statements of family or friends who attest to their pre-service condition.

It is essential to note in a claim for a disability benefit for Veterans disability lawyer that the aggravated condition must differ from the original disability rating. A disability lawyer can guide the former service member on how to provide the proper medical evidence and proof that their original health condition was not merely aggravated through military service, but actually worse than it would have been had it not been for the aggravating factor.

VA proposes to rewrite its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The differing wording of these regulations has led to confusion and controversy in the process of claiming. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the cause of litigation.

Service-Connected Terms

To be eligible for benefits, they must prove that their disability or illness is related to their service. This is referred to as proving "service connection." For some ailments, like ischemic heart disease or other cardiovascular diseases that arise as a result of specific services-connected amputations is granted automatically. veterans disability lawyer with other conditions like PTSD and PTSD, are required to provide lay testimony or lay evidence from people who were close to them during their time in the military to connect their condition to a specific event that occurred during their time in the military.

A pre-existing medical problem can be service-related in the case that it was aggravated by active duty and not just the natural progression of the disease. It is recommended to present the doctor with a report explaining that the deterioration of the condition was due to service, not just the natural progression.

Certain ailments and injuries can be presumed to be caused or aggravated by service. These are called "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 illnesses and tropical diseases are also believed to have been caused or aggravated by service. This includes AL amyloidosis as well as other acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis, Tuberculosis, and Diabetes Mellitus Type 2. Click here to learn more regarding these presumptive diseases.

Appeals

The VA has a procedure for appeals to appeal their decision regarding whether or not they will grant benefits. The first step is filing a Notice Of Disagreement. The VA-accredited attorney you have chosen will make this filing on your behalf but if not, you can do it yourself. This form is used to tell the VA you disagree with their decision and that you would like a more thorough review of your case.

There are two options to request an additional level review. Both should be carefully considered. You can request a personal meeting with an official from the Decision Review Office at your local office. The DRO will conduct a review de novo (no deference given to the previous decision) and either overturn or uphold the earlier decision. You could be able or not be required to present new evidence. The other option is to request a hearing with a Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

It is crucial to discuss these issues with your lawyer who is accredited by the VA. They will have experience in this field and know the best option for your particular situation. They also know the issues that disabled veterans face and can help them become more effective advocates on your behalf.

Time Limits

You can apply for compensation if you have an impairment that you acquired or worsened while serving in the military. But you'll have to be patient when it comes to the VA's process of review and deciding on your claim. It may take up to 180 days after the claim has been submitted before you get an answer.

There are many factors that influence how long the VA is able to make a decision on your claim. The speed at which your claim will be considered is mostly determined by the amount of evidence you provide. The location of the field office that is responsible for your claim will also affect how long it takes for the VA to review your claims.

Another factor that can impact the time it takes your claim to be processed is how often you contact the VA to check on the status of your claim. You can accelerate the process by submitting evidence whenever you can and being specific in your information regarding the addresses of the medical facilities you use, and submitting any requested information as soon as it is available.

You may request a higher-level review if you believe that the decision you were given regarding your disability was not correct. This means that you submit all the evidence in your case to an expert reviewer who can determine whether there was an error in the initial decision. The review doesn't include any new evidence.