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How to File a Veterans Disability Claim

The claim of disability for a veteran is a vital part of submitting an application for benefits. Many veterans disability attorney disability lawyer (www.Mecosys.Com) earn tax-free earnings when their claims are approved.

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

Aggravation

Veterans could be qualified for disability compensation if their condition was aggravated by their military service. This type of claim may be either mental or physical. A skilled VA lawyer can help the former service member to file an aggravated disability claim. A claimant has to prove, with medical evidence or an independent opinion, that their pre-service medical condition was made worse through active duty.

Typically the best way to prove that a pre-service issue was aggravated is to get an independent medical opinion by an expert physician who is knowledgeable about the disabled veteran. In addition to the doctor's report, the veteran should also submit medical records as well as statements from relatives or friends who attest to their pre-service condition.

In a claim for disability benefits for veterans, it is important to be aware that the condition being aggravated has to differ from the original disability rating. A disability lawyer can assist a former servicemember provide enough medical evidence and testimony in order to show that their initial condition wasn't simply aggravated due to military service but that it was more severe than what it would have been had the aggravating factor wasn't present.

In order to address this issue, VA is proposing to change the two "aggravation" standards contained in its regulations - 38 CFR 3.306 and 3.310. The differing language in these provisions has caused confusion and controversy in the claims process. Specifically, the incongruent usage of terms such as "increase in disability" and "any increase in severity" has been the cause of litigation and uncertainty.

Conditions of Service

To be eligible for benefits, they must demonstrate that their illness or disability is connected to service. This is known as proving "service connection." For some conditions, such as ischemic heart disease or other cardiovascular diseases that develop due to specific services-connected amputations is granted automatically. Veterans suffering from other ailments like PTSD and PTSD, are required to provide witness testimony or lay evidence from those who knew them during their time in the military to connect their condition to an specific event that occurred during their military service.

A pre-existing medical condition can also be service related in the event that it was aggravated by active duty and not just the natural progression of the disease. It is recommended to present an official report from a doctor that explains that the aggravation of the condition was caused by service, not just the natural progression.

Certain injuries and illnesses are believed to have been caused or aggravated due to service. These are referred to as "presumptive illnesses." This includes exposure to Agent Orange for Vietnam and Korean veterans and radiation exposure in prisoner of war, and different Gulf War conditions. Certain chronic illnesses and tropical diseases are presumed to have been caused or worsened by military service. This includes AL amyloidosis and other acne-related diseases, including 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 system for appealing their decision to award or deny benefits. The first step is to submit a Notice of Disagreement. The VA-accredited attorney you have chosen will file this on your behalf however, if not, you can file it yourself. This form is used to notify the VA you disagree with their decision and that you want a higher-level review of your case.

There are two options for a more thorough review one of which you must carefully consider. You can request a personal meeting with the Decision Review Officer at your local office. The DRO will conduct a de novo appeal (no deference given to the decision made previously) and either reverse or affirm the decision made earlier. You could or might not be allowed to submit new evidence. You can also request a hearing before a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

There are many aspects to consider when selecting the most effective route for your appeal, so it's essential to discuss these issues with your VA-accredited attorney. They have experience and know what is best for your case. They are also aware of the difficulties that disabled veterans face and can be more effective advocates for you.

Time Limits

You can seek compensation if you suffer from a disability that you acquired or worsened during your time in the military. You'll need to wait as the VA evaluates and makes a decision on your application. It could take up to 180 calendar days after submitting your claim before you get a decision.

There are many variables which can impact the length of time the VA will take to make an decision on your claim. How quickly your application will be evaluated is largely determined by the volume of evidence you have submitted. The location of the field office responsible for your claim will also impact the time it will take for the VA to review your claim.

How often you check in with the VA on the status of your claim can affect the length of time it takes to process your claim. You can help accelerate the process by providing evidence as soon as possible and by providing specific details regarding the address of the medical facilities you utilize, and providing any requested information as soon as it's available.

You could request a higher-level review if you believe that the decision made on your disability was unjust. You must submit all of the facts about your case to a knowledgeable reviewer, who can determine whether there an error in the initial decision. This review does not include any new evidence.