공지사항

How to File a Veterans Disability Claim

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

It's not a secret that the VA is way behind in the process of processing disability claims for veterans disability case. It can take months or even years, for a decision to be made.

Aggravation

A veteran may be able to claim disability compensation for a condition that was worsened due to their military service. This type of claim is referred to as an aggravated disability. It could be either mental or physical. A VA lawyer who is qualified can assist an ex-military member file an aggravated disabilities claim. The claimant must prove either through medical evidence or independent opinions, that their condition prior to service was aggravated due to 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 as well as lay statements from family or friends who can testify to the severity of their pre-service conditions.

It is essential to note in a claim for a disability benefit for veterans disability legal that the aggravated conditions must differ from the original disability rating. A disability lawyer can help a former servicemember provide enough medical evidence and testimony to prove that their original condition wasn't simply aggravated by military service, however, it was much worse than what it would have been had the aggravating factor weren't present.

VA proposes to revise its two "aggravation standards" in its regulations 38 CFR 3.306 and 3.310. The differences in the language of these provisions has created confusion and debate regarding the claims process. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the root of litigation.

Service-Connected Conditions

To be eligible for benefits, veterans must show that their disability or illness was caused by service. This is known as showing "service connection." For certain ailments, like ischemic heart disease, or other cardiovascular diseases that develop as a result of services-connected amputations is granted automatically. Veterans with other conditions like PTSD and PTSD, are required to provide lay testimony or lay evidence from people who knew them during their service to establish a connection between their condition to a specific incident that occurred during their time in the military.

A pre-existing medical issue can be service-related in the event that it was aggravated by active duty and not just the natural progression of disease. The best method to prove this is by providing an opinion from a doctor that states that the ailment was due to service, and not the normal progression of the disease.

Certain injuries and illnesses may be attributed to or aggravated because of service. These are referred to as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans, radiation exposure in Prisoners of War and other Gulf War conditions. Certain chronic diseases and tropical diseases are also thought to be resulted or aggravated by military service. These are AL amyloidosis or chloracne, other acne-related diseases Porphyria Cutanea Tighta, tuberculosis, multiple-sclerosis, Veterans Disability Claim and diabetes mellitus type 2. For more information about these probable conditions, click here.

Appeal

The VA has a procedure to appeal their decision to award or deny benefits. The first step is to submit a Notice of Dispute. If your VA-accredited lawyer will not take this step for you, then you can do it on your own. This form is used by the VA to inform them that you are not satisfied with their decision, and you would like a higher-level review of your case.

There are two options for a more thorough review that you should carefully consider. You can request a private meeting with a Decision Review Officer in your local office. The DRO will conduct an in-person (no consideration is given to previous decisions) review and either reverse the earlier decision or confirm it. You may or may not be able to present new evidence. You may also request an appearance before a Veterans Law judge at the Board of veterans disability attorney' Appeals, Washington D.C.

There are a variety of aspects to consider when selecting the most appropriate route for your appeal, so it's important to discuss these issues with your attorney who is accredited by the VA. They will have experience and will know the best route for your case. They are also well-versed in the challenges that disabled veterans disability lawsuit face which makes them an ideal advocate for you.

Time Limits

If you suffer from a physical or mental impairment that was caused or aggravated during military service, then you can file a claim and receive compensation. But you'll have to be patient during the VA's process of taking a look at and deciding on your application. You could have to wait up to 180 calendar days after filing your claim before you get a decision.

There are a variety of factors that can affect how long the VA will take to reach an decision on your claim. The amount of evidence submitted will play a major role in the speed at which your claim is reviewed. The location of the VA field office which will be reviewing your claim can also impact the time it takes to review your claim.

Another aspect that could affect the time required for your claim to be processed is the frequency at which you contact the VA to inquire about the status of your claim. You can accelerate the process of filing a claim by submitting all evidence as quickly as you can, including specific details about the medical facility you use, as well as sending any requested information.

If you think there was an error in the determination of your disability, you may request a higher-level review. This means that you submit all the evidence in your case to a senior reviewer who can determine whether there was an error in the initial decision. The review doesn't include any new evidence.