공지사항

How to File a Veterans Disability Claim

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

It's no secret that the VA is a long way behind in the process of processing disability claims made by veterans. It can take months, even years for a determination to be made.

Aggravation

Veterans could be eligible for disability compensation in the event that their condition was aggravated due to their military service. This type of claim may be either mental or physical. A VA lawyer who is certified can help a former military member to file a claim for aggravated disabilities. A claimant needs to prove either through medical evidence or independent opinions that their condition prior to service was aggravated due to active duty.

Typically, veterans disability claim the most effective way to prove that a pre-service condition was aggravated is to obtain an independent medical opinion from an expert physician who is knowledgeable about the disabled veteran. In addition to the doctor's statement the veteran is required to submit medical records as well as statements from family members or friends who can attest to their pre-service condition.

It is essential to note in a veterans disability claim that the aggravated conditions must be different than the original disability rating. An attorney for disability can guide the former service member on how they can provide enough medical evidence and proof that their condition was not only caused by military service, but was worse than it would have been had it not been for the aggravating factor.

In order to address this issue VA is proposing to change the two "aggravation" standards within its regulations 38 CFR 3.306 and 3.310. The different language of these provisions has led to confusion and debate during the process of filing claims. The inconsistent use of terms such as "increased disability" and "any increased severity" are the main cause of litigation.

Service-Connected Terms

In order for a veteran to be eligible for benefits, they must prove that their condition or illness is connected to service. This is called showing "service connection." For certain conditions, such as Ischemic heart disease and other cardiovascular diseases that develop because of service-connected amputations, service connection is granted automatically. veterans disability attorneys suffering from other ailments, like PTSD, must provide the evidence of lay witnesses or from people who were close to them during their time in service to connect their condition with a specific incident that occurred during their time in the military.

A preexisting medical condition may also be service-connected in the event that it was aggravated through active duty and not due to the natural progression of the disease. The most effective method to establish this is by submitting the opinion of a doctor that the aggravation was due to service and not just the normal development of the condition.

Certain injuries and illnesses are presumed to have been caused or worsened by service. They are known as "presumptive diseases." This includes exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in Prisoners of war, and different Gulf War conditions. Some chronic illnesses and tropical diseases are suspected to have been caused or aggravated from 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 information on these presumptive conditions, click here.

Appeal

The VA has a system to appeal their decision to award or deny benefits. The first step is filing an appeal called a Notice of Disagreement. If your VA-accredited lawyer will not complete this task for the client, then you must do it on your own. This form is used to inform the VA that you are not satisfied with their decision and that you'd like to have a more thorough review of your case.

There are two routes to a more thorough review and both of them are options you should take into consideration. You can request a private meeting with a Decision Review Officer at your local office. The DRO will conduct a review de novo (no deference given to the earlier decision) and either overturn or uphold the earlier decision. You may be required or not to submit new proof. You may also request a hearing before a veterans disability case Law judge at the Board of veterans disability attorney' Appeals, Washington D.C.

There are a variety of factors to consider when choosing the best lane for your appeal, and it's crucial to discuss these with your attorney who is accredited by the VA. They'll have experience and will know the best route for your situation. They also know the challenges faced by disabled veterans disability law which makes them more effective advocates for you.

Time Limits

If you suffer from a condition that was acquired or worsened during your military service, you may file a claim to receive compensation. But you'll have to be patient during the VA's process for review and deciding on the merits of your claim. It could take up 180 days after the claim has been filed before you get a decision.

Many factors can influence how long it takes the VA to make a decision on your claim. The amount of evidence you submit will play a major role in the speed at which your application is considered. The location of the field office handling your claim can also influence the time it will take for the VA to review your claims.

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 its progress. You can help accelerate the process by submitting proof as soon as you can by being specific with your address information for the medical care facilities that you use, and submitting any requested information as soon as it's available.

If you believe that there has been an error in the decision on your disability, you can request a higher-level review. You must submit all of the facts about your case to a knowledgeable reviewer, who can determine whether there was a mistake in the original decision. However, this review can't include new evidence.