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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 attorney receive tax-free income when their claims are granted.

It's not a secret that the VA is a long way behind in processing disability claims made by veterans disability litigation. The process can take months or even years.

Aggravation

veterans disability law may be entitled to disability compensation if their condition was caused by their military service. This kind of claim is known as an aggravated disability. It can be mental or physical. A VA lawyer who is qualified can help an ex-military person file an aggravated disabilities claim. A claimant has to prove, with medical evidence or independent opinions, that their pre-service medical condition was aggravated by active duty.

A doctor who is an expert on the condition of the veteran will be able to provide an independent medical opinion proving the severity of the pre-service condition. In addition to a physician's declaration in addition, the veteran will require medical records as well as lay statements from family or friends who can confirm the extent of their pre-service injuries.

It is important to note in a veterans disability attorneys, Dongseoceramic blog post, disability claim that the aggravated condition must be different from the original disability rating. A disability lawyer can help a former servicemember provide enough medical evidence and testimony in order to establish that their original condition wasn't just aggravated due to military service, however, it was much worse than what it would have been had the aggravating factor wasn't present.

In addressing this issue VA is proposing to change the two "aggravation" standards within its regulations 38 CFR 3.306 and 3.310. The differing wording of these regulations has caused confusion and controversies during the process of claiming. Particularly, the inconsistent use of phrases such as "increase in disability" and "any increase in severity" has been the source of disputes and confusion.

Conditions of Service

To qualify a veteran for benefits, they must demonstrate that their disability or illness is related to their service. This is referred to as "service connection." Service connection is automatically granted for certain ailments, like Ischemic heart disease or another cardiovascular conditions that develop because of specific service-connected amputations. For other conditions, like PTSD the veterans must present lay evidence or testimony from people who knew them in the military, to link their condition with a specific incident that took place during their service.

A pre-existing medical problem can be service-related when it was made worse because of active duty and not just the natural progression of the disease. The most effective method to prove this is by providing the opinion of a doctor that the ailment was due to service and not the normal progress of the condition.

Certain injuries and illnesses are presumed to have been caused or aggravated due to service. These are referred to as "presumptive diseases." They include exposure to Agent Orange for Vietnam and Korean veterans as well as exposure to radiation for Prisoners of War, as well as different Gulf War conditions. Certain chronic diseases and tropical illnesses are also believed to have been caused or triggered by service. This includes AL amyloidosis and other acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis, Tuberculosis as well as Diabetes Mellitus Type 2. For more information on these presumptive conditions, visit here.

Appeal

The VA has a procedure to appeal their decision to grant or deny benefits. The first step is to submit a Notice of Dispute. Your VA-accredited attorney is likely to complete this for you but if not, you may file it yourself. This form is used to inform the VA you disagree with their decision and Veterans Disability attorneys that you would like a more thorough review of your case.

There are two options for higher-level review. Both options should be carefully considered. You can request a personal meeting with a Decision Review Officer in your local office. The DRO will conduct an de novo review (no deference to the previous decision) and either overturn or uphold the earlier decision. You may or not be able to present new evidence. You may also request a hearing before a veterans disability litigation Law judge at the Board of veterans disability case' Appeals, Washington D.C.

It's important to discuss these issues with your lawyer who is accredited by the VA. They have experience and know what is best for your situation. They are also aware of the challenges that disabled veterans face and their families, which makes them a better advocate for you.

Time Limits

You may be eligible for compensation if you have a disability that was acquired or worsened in the course of serving in the military. It is important to be patient while the VA examines and decides on your application. You may need to wait up to 180 calendar days after filing your claim before receiving a decision.

There are many factors that affect the time the VA takes to make an assessment of your claim. The amount of evidence that you submit will play a major role in how quickly your claim is evaluated. The location of the VA field office which will be evaluating your claim could also impact the length of time it takes.

Another factor that could affect the time it takes for your claim to be processed is the frequency at which you contact the VA to check on the status of your claim. You can speed up the claim process by sending all documentation as quickly as you can, including specific information regarding the medical care facility you use, as well as providing any requested information.

If you believe there has been a mistake in the determination of your disability, you may request a higher-level review. You will need to submit all the facts regarding your case to a knowledgeable reviewer, who can determine whether there an error in the initial decision. However, this review cannot contain new evidence.