공지사항

How to File a Veterans Disability Claim

The claim of disability for a veteran is a key part of the application for benefits. Many veterans disability case earn tax-free earnings when their claims are accepted.

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

Aggravation

veterans disability attorneys could be eligible for disability compensation in the event that their condition was aggravated by their military service. This kind of claim can be physical or mental. A competent VA lawyer can assist the former soldier file an aggravated disability claim. The claimant must prove, through medical evidence or an independent opinion, that their condition prior to service was aggravated due to active duty.

A physician who is an expert in the disability of the veteran can offer an independent medical opinion that will demonstrate the severity of the pre-service condition. In addition to the doctor's statement the veteran must also submit medical records as well as statements from relatives or friends who attest to their pre-service condition.

It is vital to remember when submitting a claim for disability benefits for veterans that the condition being aggravated has to be different from the initial disability rating. An attorney who is a disability attorney can help a former servicemember on how to provide the proper medical evidence and testimony to establish that their health condition was not merely aggravated by military service, but actually worse than it would have been had it not been for the aggravating factor.

VA proposes to rewrite its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The differing language used in these provisions has caused confusion and Veterans Disability Claim disagreement during the claims process. Particularly, the inconsistent use of terms like "increase in disability" and "any increase in severity" has led to a lot of litigation and confusion.

Service-Connected Terms

To qualify for benefits, the veteran must prove that their disability or illness was caused by service. This is known as "service connection." For certain ailments, like Ischemic heart disease or other cardiovascular diseases that develop because of services-connected amputations is granted automatically. Veterans suffering from other ailments such as PTSD are required to provide lay testimony or lay evidence from people who were close to them during their time in the military to connect their condition to a specific incident that occurred during their military service.

A pre-existing medical problem can also be service related in the event that it was aggravated because of active duty and not just the natural progression of disease. It is advisable to provide an official report from a doctor that explains that the deterioration of the condition was due to service, and not the natural progression of the disease.

Certain injuries and illnesses are believed to have been caused or aggravated due to service. They are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans and radiation exposure among Prisoners of War, and other Gulf War conditions. Certain chronic diseases and tropical diseases are believed to have been caused or caused by military service. These include AL amyloidosis, chloracne, other acne-related diseases such as porphyria cutanea tarda tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. For more details on these presumptive conditions, click here.

Appeal

The VA has a system for appealing their decision to award or deny benefits. The first step is to file an appeal called a Notice of Disagreement. If your VA-accredited lawyer will not complete this task for you, then you can complete 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 paths to a more thorough review, both of which you should take into consideration. You can request a personal meeting with an official from the Decision Review Office at your local office. The DRO will conduct a de novo review (no deference given to the previous decision) and then either reverse or uphold the earlier decision. You could or might not be able to submit new evidence. You may also request an appointment with a veterans disability law Law judge at the Board of Veterans' Appeals, Washington D.C.

It is essential to discuss all of these issues with your VA-accredited lawyer. They'll have experience in this area and will know what is the most appropriate option for your particular case. They are also familiar with the difficulties that disabled veterans disability lawyer face and veterans disability claim their families, which makes them more effective advocates for you.

Time Limits

You may be eligible for compensation if you have an impairment that you acquired or worsened as a result of serving in the military. However, you'll need to be patient with the VA's process of reviewing and deciding on your claim. It could take up to 180 calendar days after submitting your claim before you receive an answer.

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

The frequency you check in with the VA on the status of your claim can affect the time it takes to finish the process. You can speed up the process by providing all evidence as fast as possible, providing specific information about the medical care facility you use, and sending any requested details.

You could request a higher-level review if it is your opinion that the decision based on your disability was not correct. You will need to submit all the facts regarding your case to a knowledgeable reviewer, who will determine whether there an error in the initial decision. However, this review cannot include new evidence.