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How to File a Veterans Disability Claim

The claim of a disabled veteran is a key part of submitting an application for benefits. Many veterans disability compensation who have their claims approved receive additional monthly income that is tax-free.

It's no secret that VA is a long way behind in processing disability claims made by veterans. The decision could take months or even years.

Aggravation

A veteran could be eligible get disability compensation in the event of a condition worsened due to their military service. This kind of claim can be either mental or physical. A VA lawyer who is competent can assist a former military member make an aggravated disability claim. A claimant has to prove, with medical evidence or independent opinions that their medical condition prior to service was aggravated by active duty.

Typically, the best way to demonstrate that a pre-service issue was aggravated is through an independent medical opinion from an expert doctor who is specialized in the veteran's disability. In addition to the doctor's opinion, the veteran must also submit medical records and lay statements from family or friends who attest to their pre-service condition.

In a claim for a disability benefit for veterans disability legal it is essential to remember that the aggravated condition must be distinct from the initial disability rating. An attorney for disability can guide the former service member on how to provide sufficient medical evidence and proof that their health condition was not merely aggravated through military service, but was worse than it would have been without the aggravating factor.

In addressing this issue, VA is proposing to align the two "aggravation" standards in its regulations - 38 CFR 3.306 and 3.310. The differing language used in these provisions has led to confusion and disagreement during the claims process. Specifically, the incongruent use of terms such as "increase in disability" and "any increase in severity" has been the cause of litigation and uncertainty.

Conditions that are associated with Service

For a veteran to qualify for benefits, they must demonstrate that their illness or disability is related to service. This is referred to as "service connection." For some conditions, like Ischemic heart disease or other cardiovascular diseases that arise due to specific service-connected amputations, a service connection is granted automatically. For veterans disability claim other conditions, such as PTSD veterans have to present lay evidence or testimony from people who knew them in the military to prove their condition to a specific incident that took place during their service.

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

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

Appeals

The VA has a procedure to appeal their decision to grant or deny benefits. The first step is to file an appeal called a Notice of Disagreement. If your VA-accredited lawyer will not complete this task for you, you are able to complete the process on your own. This form allows you to inform the VA you disagree with their decision and you want a higher-level review of your case.

You have two options for an additional level review. Both should be considered carefully. You can request a private meeting with the Decision Review Officer at your local office. The DRO will conduct an in-person (no consideration is given to previous decisions) review and either overturn the earlier decision or confirm it. It is possible that you will be able not to submit new proof. The alternative is to request an interview with a Veterans Law Judge from the Board of veterans disability attorneys' Appeals in Washington, D.C.

There are many factors to consider when choosing the most effective route for your appeal, and it's important to discuss these issues with your attorney who is accredited by the VA. They will have experience and know the best option for your case. They are also aware of the difficulties faced by disabled veterans disability legal and can help them become an effective advocate for you.

Time Limits

If you have a disability that was incurred or worsened in the military, you could file a claim in order to receive compensation. You'll need to wait while the VA examines and decides on your application. You may need to wait up to 180 calendar days after filing your claim to receive an answer.

There are many factors that can affect how long the VA takes to make an informed decision on your claim. How quickly your application will be considered is mostly determined by the quantity of evidence that you submit. The location of the VA field office that will be reviewing your claim can also impact the length of time it takes.

Another aspect that could affect the time required for your claim to be processed is how often you contact the VA to check on the progress of your claim. You can speed up the process by submitting all evidence as quickly as possible, providing specific details about the medical facility you use, as well as sending any requested details.

You could request a higher-level review if you believe the decision based on your disability was not correct. This involves submitting all the relevant facts of your case to an experienced reviewer who will determine if there was an error in the initial decision. This review does not include any new evidence.