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How to File a Veterans Disability Claim

A veteran's disability claim is a crucial part of their benefit application. Many veterans disability legal are eligible for tax-free income when their claims are granted.

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

Aggravation

A veteran could be eligible get disability compensation in the event of the condition that was worsened by their military service. This type of claim could be either mental or physical. A skilled VA lawyer can help a former servicemember to file an aggravated disability claim. A claimant has to prove by proving medical evidence or an independent opinion, that their medical condition prior to serving was aggravated through active duty.

A physician who is an expert on the veteran's disability can provide an independent medical opinion which will prove the severity of the pre-service condition. In addition to the doctor's report, the veteran must also provide medical records as well as lay statements from family or friends who can attest to their pre-service condition.

It is essential to note in a veterans disability claim that the aggravated condition must be different from the initial disability rating. A disability lawyer can assist former service members provide the necessary medical evidence and testimony in order to establish that their original condition wasn't simply aggravated by military service, but it was worse than what it would have been if the aggravating factor weren't present.

In addressing this issue VA is proposing to align the two "aggravation" standards within its regulations - 38 CFR 3.306 and 3.310. The different wording in these provisions has caused confusion and controversy during the claims process. Particularly, the inconsistent use of terms like "increase in disability" and "any increase in severity" has been the cause of disputes and uncertainty.

Conditions that are associated with Service

To be eligible for benefits, veterans must show that the condition or disability was caused by service. This is called showing "service connection." Service connection is automatically granted for certain conditions, such Ischemic heart disease or another cardiovascular diseases that develop as a result specific amputations connected to service. For other conditions, such as PTSD, veterans disability lawsuit must provide witnesses or lay evidence from people who were their friends in the military, to connect their condition with a specific incident that occurred during their time in service.

A preexisting medical condition may be service-related if it was aggravated through active duty and not through natural progression of the disease. It is best to submit an explanation from a doctor that the deterioration of the condition was due to service, not just the natural progress of the disease.

Certain injuries and illnesses may be presumed to be caused or aggravated by service. They are known as "presumptive illnesses." This includes exposure to Agent Orange in Vietnam and Korea veterans, radiation exposure in Prisoners of War, as well as other Gulf War conditions. Some chronic illnesses and tropical diseases are thought to be caused or aggravated by service. This includes AL amyloidosis and various acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis, Tuberculosis, and Diabetes Mellitus Type 2. For more details on these presumptive diseases, click here.

Appeal

The VA has a procedure for appealing their decision to award or deny benefits. The first step is to file a Notice of Disagreement. Your VA-accredited attorney is likely to file this on your behalf however, if not, Veterans Disability Claim you are able to file it yourself. This form is used to tell the VA you disagree with their decision and that you want a higher-level review of your case.

There are two options for a higher-level review and both of them are options you should carefully consider. One is to request a private hearing with the Decision Review Officer in your regional office. The DRO will perform a de novo (no consideration of previous decisions) review and either overturn the earlier decision or maintain it. You may or may not be able to present new evidence. The alternative is to request an appointment with a Veterans Law Judge at the Board of veterans disability case' Appeals in Washington, D.C.

There are many factors to consider when choosing the best route for your appeal, so it's essential to discuss these with your VA-accredited attorney. They're experienced and will know the best route for your situation. They are also aware of the challenges faced by disabled veterans, which makes them an ideal advocate for you.

Time Limits

You can apply for compensation if you have a disability that you acquired or worsened while serving in the military. You'll have to be patient while the VA examines and decides on your application. It could take as long as 180 days after your claim is filed before you receive an answer.

There are many factors that can affect how long the VA is able to make a decision on your claim. The amount of evidence you submit is a significant factor in how quickly your claim is considered. The location of the VA field office which will be reviewing your claim could also impact the length of time it takes.

How often you check in with the VA on the status of your claim could also affect the time it takes to process. You can speed up the process by providing all evidence as fast as you can, including specific information regarding the medical facility you use, as well as sending any requested details.

If you believe that there has been a mistake in the determination of your disability, then you can request a higher-level review. This involves submitting all relevant facts of your case to a senior reviewer who can determine whether there was a mistake in the initial decision. However, this review can't include new evidence.