공지사항

How to File a Veterans Disability Claim

A veteran's disability claim is a crucial part of his or her benefit application. Many veterans disability attorneys are eligible for tax-free income when their claims are approved.

It's no secret that the VA is way behind in the process of processing disability claims from veterans disability law. The process can take months or even years.

Aggravation

veterans disability litigation (just click the following document) may be entitled to disability compensation if their condition was made more difficult by their military service. This kind of claim is known as an aggravated impairment and can 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 prove, through medical evidence or independent opinions, that their condition prior to service was made worse 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 disability of veterans. In addition to a doctor's statement, the veteran will also be required to provide medical records as well as lay statements from family members or friends who can confirm the seriousness of their pre-service ailments.

In a claim for disability benefits for veterans, it is important to be aware that the condition being aggravated has to be different from the original disability rating. Disability lawyers can help an ex-servicemember present enough medical evidence and testimonies to show that their initial condition wasn't merely aggravated because of military service, but that it was more severe than it would have been had the aggravating factor hadn't been present.

In addressing this issue, VA is proposing to change the two "aggravation" standards in its regulations - 38 CFR 3.306 and 3.310. The differing wording of these provisions has led to confusion and disagreement in the process of claiming. Specifically, the incongruent use of terms like "increase in disability" and "any increase in severity" has been the source of litigation and uncertainty.

Service-Connected Conditions

In order for a veteran to be eligible for benefits, they must show that their illness or disability is related to their service. This is referred to as "service connection." For certain diseases, Veterans Disability Litigation such as Ischemic heart disease and other cardiovascular diseases that arise due to specific services-connected amputations is automatically granted. Veterans with other conditions, like PTSD, must provide lay testimony or evidence from people who knew them during their service to establish a connection between their condition to an specific event that occurred during their time in the military.

A pre-existing medical issue can be a service-related issue in the case that it was aggravated because of active duty and not due to the natural progression of the disease. The best way to establish this is by submitting the doctor's opinion that the aggravation was due to service and not the normal progression of the condition.

Certain injuries and illnesses are presumed to have been caused or worsened by service. These are known as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in Prisoners of War, and different Gulf War conditions. Some chronic diseases and tropical illnesses are believed to have been aggravated or caused by service. These include AL amyloidosis, chloracne or other acne-related conditions Porphyria Cutanea Tighta, tuberculosis, multiple sclerosis and diabetes mellitus type 2. For more information about these presumptive conditions, click here.

Appeals

The VA has a process to appeal their decision on the issue of whether or not to grant benefits. The first step is filing a Notice Of Disagreement. If your VA-accredited lawyer will not take this step for you, you are able to do it on your own. This form is used to notify the VA you disagree with their decision and that you'd like to have a more thorough review of your case.

There are two options for a more thorough review. Both options should be carefully considered. You can request a private meeting with a Decision Review Officer in your local office. The DRO will conduct a de novo appeal (no deference to the previous decision) and either reverse or confirm the earlier decision. You could be able or not required to provide new proof. The other option is to request a hearing with an Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

It is essential to discuss these issues with your VA-accredited attorney. They will have experience in this area and will know what makes the most sense for your specific case. They also understand the challenges that disabled veterans disability litigation face and can be more effective advocates on your behalf.

Time Limits

You can seek compensation if you have a disability that you acquired or worsened during your time in the military. But you'll need to be patient when it comes to the process of reviewing and deciding on your application. It could take as long as 180 days after the claim has been submitted before you get an answer.

Many factors affect the time it takes for the VA to decide on your claim. The amount of evidence you submit will play a significant role in how quickly your application is considered. The location of the VA field office that will be reviewing your claim could also impact the time it takes to review your claim.

Another factor that can affect the length of time it takes your claim to be processed is the frequency at which you contact the VA to inquire about the progress of your claim. You can accelerate the process by making sure to submit all evidence as swiftly as you can, and providing specific information about the medical care facility you use, and sending any requested information.

You can request a more thorough review if you believe the decision based on your disability was not correct. This involves submitting all facts that exist in your case to an experienced reviewer who will determine whether there was a mistake in the original decision. The review doesn't include any new evidence.