How to File a Veterans Disability Claim

A veteran's disability claim is a critical part of their benefit application. Many veterans get tax-free income when their claims are accepted.

It's no secret that VA is behind in the process of processing claims for disability by veterans disability attorneys. The decision could take months or even years.

Aggravation

A veteran might be able get disability compensation in the event of a condition that was worsened by their military service. This kind of claim is known as an aggravated disability. It could be mental or physical. A competent VA lawyer can assist a former servicemember make an aggravated disability claim. A claimant needs to prove either through medical evidence or an independent opinion, that their pre-service condition was made worse by active duty.

A physician who is an expert in the disability of the veteran can offer an independent medical opinion that will demonstrate the seriousness of the pre-service condition. In addition to a doctor's report, the veteran will also be required to provide medical records and lay declarations from family or friends who can confirm the severity of their pre-service condition.

It is essential to note in a claim for a disability benefit for veterans that the aggravated condition must differ from the original disability rating. Disability lawyers can help former service members provide the necessary medical evidence and testimony to establish that their original condition wasn't simply aggravated due to military service, however, it was much worse than it would have been had the aggravating factor wasn't present.

VA proposes to rewrite its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The different wording in these provisions has led to confusion and controversy during the process of claiming. Particularly, the inconsistent use of terms like "increase in disability" and "any increase in severity" has led to a lot of litigation and confusion.

Service-Connected Conditions

To be eligible for benefits, they must show that their illness or disability is linked to service. This is referred to as "service connection." For certain ailments, like Ischemic heart disease and other cardiovascular diseases that arise as a result of specific service-connected amputations, service connection is automatically granted. For other conditions, like PTSD veterans have to present documents or evidence from people who knew them in the military to prove their condition to an specific incident that took place during their time of service.

A pre-existing medical problem can be service-related in the event that it was aggravated because of active duty and not as a natural progression of the disease. It is recommended to present an official report from a doctor that explains that the deterioration of the condition was due to service, and not the natural progression.

Certain injuries and illnesses are believed to have been caused or aggravated due to service. They are known as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans disability attorneys exposure to radiation in Prisoners of War, and different Gulf War conditions. Some chronic diseases and tropical illnesses are also assumed to have been aggravated or caused by service. This includes AL amyloidosis as well as other acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis Tuberculosis as well as Diabetes Mellitus Type 2. For more information about these presumptive conditions, visit here.

Appeal

The VA has a procedure to appeal their decision on the issue of whether or not to grant benefits. The first step is filing a Notice of Disagreement. Your VA-accredited attorney will likely make this filing 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 disagree with their decision and would prefer a more thorough review of your case.

There are two paths to an upper-level review one of which you must carefully consider. You can request a private meeting with a Decision Review Officer in your local office. The DRO will perform a de novo (no review is given to the previous decisions) review and either overturn the earlier decision or uphold the decision. You may or may not be able to present new evidence. Another option is to request a hearing before a Veterans Law Judge from the Board of veterans disability lawyer (educacity.com.Br)' Appeals in Washington, D.C.

There are a variety of factors that go into choosing the most appropriate route for your appeal, and it's essential to discuss these issues with your VA-accredited attorney. They will have experience in this area and will know the best option for your particular situation. They also know the issues faced by disabled veterans which makes them an effective advocate on your behalf.

Time Limits

You can claim compensation if you suffer from an impairment that you acquired or worsened during your time in the military. It is important to be patient while the VA evaluates and makes a decision on your application. It may take up to 180 days after the claim has been filed before you get a decision.

There are many factors that can affect how long the VA is able to make an decision on your claim. The speed at which your application will be considered is mostly determined by the amount of evidence you submit. The location of the VA field office which will be evaluating your claim could also impact the time it takes to review your claim.

How often you check in with the VA to see the status of your claim could affect the time it takes to process. You can accelerate the process of filing a claim by providing all evidence as fast as you can, and providing specific information about the medical care facility you use, and providing any requested information.

If you believe there was a mistake in the decision on your disability, you are able to request a more thorough review. You must submit all the facts regarding your case to a knowledgeable reviewer, who can determine whether there an error in the initial decision. But, this review will not include any new evidence.