How to File a Veterans Disability Claim

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

It's not a secret that VA is behind in the process of processing claims for disability by veterans. It could take months, even years, for a final decision to be made.

Aggravation

A veteran may be able to receive disability compensation for an illness that was worsened due to their military service. This type of claim could be physical or mental. A qualified VA lawyer can help the former soldier submit an aggravated claim. A claimant must show using medical evidence or independent opinions that their pre-service medical condition was aggravated by active duty.

A physician who is an expert in the veteran's disability can provide an independent medical opinion that demonstrates the seriousness of the pre-service condition. In addition to a doctor's report in addition, the veteran will have to submit medical records and lay declarations from family members or friends who can testify to the severity of their pre-service condition.

It is vital to remember in a claim to be disabled by a veteran that the aggravated conditions must be different from the initial disability rating. A disability attorney can advise a former servicemember on how to provide the proper medical evidence and evidence to show that their condition was not only caused through military service, but actually worse than it would have been without the aggravating factor.

VA proposes to change its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The differing wording of these provisions has led to confusion and debate in the claims process. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the root of litigation.

Conditions of Service

To qualify for benefits, veterans must show that the impairment or illness was caused by service. This is known as proving "service connection." For some conditions, like ischemic heart disease, or other cardiovascular diseases that develop as a result of Amputations that are connected to service, the service connection is granted automatically. For other conditions, such as PTSD veterans disability attorney are required to provide witnesses or lay evidence from people who knew them in the military, to connect their condition with a specific incident that occurred during their time in service.

A pre-existing medical condition can be a service-related issue when it was made worse due to active duty service and not just the natural progression of the disease. It is best to submit a doctor's report that explains that the deterioration of the condition was caused by service and not the natural progression of the disease.

Certain ailments and injuries are presumed to have been caused or aggravated by service. These are referred to as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in Prisoners of War, and different Gulf War conditions. Certain chronic illnesses and tropical diseases are thought to be 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. Click here for more information about these probable diseases.

Appeal

The VA has a procedure for appeals to appeal their decision on whether or not to grant benefits. The first step is to file a Notice Of Disagreement. If your lawyer who is accredited by the VA does not do this for you, you are able to complete it on your own. This form is used by the VA to let them know that you do not agree with their decision, and would like a more thorough review of your case.

There are two ways to get a higher-level review and both of them are options you should carefully consider. One option is to request a personal hearing with a Decision Review Officer from your regional office. The DRO will conduct an in-person (no review is given to previous decisions) review and either overturn the earlier decision or maintain it. It is possible that you will be able not be required to present new evidence. The other path is to request a hearing with a Veterans Law Judge at the Board of veterans Disability lawyer' Appeals in Washington, D.C.

It is essential to discuss these issues with your lawyer who is accredited by the VA. They're experienced and will know the best route for your situation. They are also aware of the challenges faced by disabled veterans, which can make them more effective advocates for you.

Time Limits

If you suffer from a physical or mental impairment that was caused or aggravated during military service, then you can file a claim and receive compensation. You'll need to wait as the VA examines and decides on your application. It could take up to 180 calendar days after filing your claim before you get an answer.

Many factors affect the time it takes for the VA to make a decision on your claim. The amount of evidence that you submit will play a significant role in how quickly your claim is considered. The location of the field office that handles your claim will also affect how long it will take for the VA to review your claims.

The frequency you check in with the VA regarding the status of your claim can affect the time it takes to process. You can accelerate the process of filing a claim by sending all documentation as quickly as you can, including specific details about the medical care facility you use, as well as sending any requested details.

You could request a higher-level review if you believe the decision you were given regarding your disability was unjust. You must submit all of the facts about your case to a knowledgeable reviewer who will determine whether there was a mistake in the initial decision. However, this review cannot include any new evidence.