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How to File a Veterans Disability Claim

A veteran's disability claim is a crucial component of his or her benefit application. Many veterans who have their claims accepted receive an additional monthly income that is tax free.

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

Aggravation

A veteran could be eligible to receive disability compensation for an illness that was worsened by their military service. This type of claim is known as an aggravated disability. It could be either mental or physical. A VA lawyer who is competent can assist an ex-military personnel submit an aggravated disabilities claim. The claimant must demonstrate using medical evidence or an independent opinion, Veterans Disability Claim that their medical condition prior to service was made worse by active duty.

Typically, the most effective way to prove that a condition prior to service was made worse is by obtaining an independent medical opinion from an expert in the disabled veteran. In addition to a doctor's report in addition, the veteran will have to submit medical records as well as lay statements from friends or family members who can testify to the severity of their pre-service conditions.

It is important to note in a veterans disability claim that the aggravated condition must differ from the original disability rating. Disability lawyers can help an ex-servicemember present enough medical evidence and testimony to prove that their original condition wasn't just aggravated because of military service, however, it was much worse than it would have been if the aggravating factor weren't present.

VA proposes to rewrite its 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 controversy in the process of claiming. Particularly, veterans disability Claim the inconsistent usage of terms such as "increase in disability" and "any increase in severity" has led to a lot of disputes and uncertainty.

Service-Connected Conditions

In order for a veteran to be eligible for benefits, they must prove that their illness or disability is related to service. This is known as proving "service connection." Service connection is granted automatically for certain conditions, such Ischemic heart diseases and other cardiovascular diseases that develop due to specific amputations linked to service. For other conditions, like PTSD the veterans disability compensation must present lay evidence or testimony from people who were close to them in the military, to connect their condition to an specific incident that took place during their service.

A preexisting medical condition may also be service-connected in the event that it was aggravated by their active duty service and not due to the natural progression of the disease. It is best to submit a doctor's report that explains that the aggravation of the condition was due to service and not the natural progress of the disease.

Certain illnesses and injuries are believed to have been caused or worsened by service. These are called "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans disability lawyers and radiation exposure among Prisoners of War and various Gulf War conditions. Certain chronic diseases and tropical diseases are believed to have been caused or worsened by military service. This includes AL amyloidosis as well as other acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis Tuberculosis and Diabetes Mellitus Type 2. For more details on these probable conditions, click here.

Appeal

The VA has a procedure for appeals to appeal their decision on the issue of whether or not to grant benefits. The first step is to file a Notice of Disagreement. If your VA-accredited lawyer does not handle this for the client, then you must complete 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.

There are two options for a higher-level review one of which you should take into consideration. One is to request a personal hearing with a Decision Review Officer at your regional office. The DRO will perform an in-person (no review is given to the previous decisions) review and either overturn the earlier decision or maintain the decision. You could be able or not be required to present new evidence. You can also request a hearing before an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

There are many factors to consider when choosing the most effective route for your appeal, so it is important to discuss these with your VA-accredited attorney. They're experienced and know what's best for your situation. They are also aware of the challenges that disabled veterans face, which can make them a stronger advocate for you.

Time Limits

You may be eligible for compensation if you have a disability that was acquired or worsened during your time in the military. It is important to be patient as the VA reviews and decides on your application. You may need to wait up to 180 calendar days after filing your claim before you get a decision.

There are many factors that can affect how long the VA is able to make an informed decision on your claim. The amount of evidence you submit will play a significant role in the speed at which your application is considered. The location of the field office that handles your claim can also influence the time it will take for the VA to review your claims.

How often you check in with the VA to check the status of your claim could influence the time it takes to process your claim. You can speed up the process by providing all evidence as fast as you can, and providing specific information about the medical center you use, and sending any requested information.

You can request a higher level review if you believe the decision you were given regarding your disability was unjust. You'll have to submit all the facts regarding your case to a knowledgeable reviewer, who will determine whether there was a mistake in the initial decision. However, this review can't contain new evidence.