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The claim of a disabled veteran is a crucial part of the application for benefits. Many veterans who have their claims accepted receive an additional monthly income that is tax-free.
It's no secret that the VA is way behind in processing disability claims from veterans. It could take months, even years for a decision to be made.
Aggravation
A veteran might be able get disability compensation in the event of a condition made worse by their military service. This type of claim is referred to as an aggravated disability and can be mental or physical. A licensed VA lawyer can assist the former service member make an aggravated disability claim. A claimant has to prove by proving medical evidence or independent opinions, that their condition prior to service was aggravated due to active duty.
Typically the most effective method to prove that a pre-service issue was aggravated is through an independent medical opinion by an expert doctor who is specialized in the disability of veterans. In addition to the doctor's statement the veteran is required to submit medical records as well as the lay statements of family or friends who can attest to their pre-service condition.
In a claim for disability benefits for veterans it is important to keep in mind that the condition that is aggravated must differ from the original disability rating. An attorney for disability can guide the former soldier on how to provide the proper medical evidence and testimony to prove that their condition was not only aggravated through military service, but actually worse than it would have been had it not been for the aggravating factor.
In order to address this issue, VA proposes to re-align the two "aggravation" standards in its regulations - 38 CFR 3.306 and 3.310. The difference in the wording of these provisions has created confusion and controversies in the claims process. Particularly, the inconsistent use of terms such as "increase in disability" and "any increase in severity" has been the cause of disputes and confusion.
Conditions Associated with Service
To be eligible for benefits Veterans disability lawyer must show that his or her impairment or illness was caused by 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 due to specific amputations connected to service. For other conditions, such as PTSD veterans disability lawyer are required to provide lay evidence or testimony from people who knew them in the military, to connect their condition with a specific incident that occurred during their service.
A preexisting medical issue could also be service-related if it was aggravated by active duty and not through natural progression of the disease. It is recommended to present an explanation from a doctor that the aggravation of the condition was due to service, and not the natural progress of the disease.
Certain illnesses and injuries may be attributed to 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 other Gulf War conditions. Certain chronic diseases and tropical illnesses are also assumed to have been aggravated or caused by service. This includes AL amyloidosis as well as other acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis Tuberculosis and Diabetes Mellitus Type 2. For more information about these probable conditions, click here.
Appeals
The VA has a system to appeal their decision to grant or deny benefits. The first step is to submit a Notice of Disagreement. The VA-accredited attorney you have chosen will submit this form on your behalf, but if they do not, you can file it yourself. This form is used to tell the VA you disagree with their decision and that you would like a more thorough review of your case.
You have two options for a more thorough review. Both should be considered carefully. One option is to request a hearing with a Decision Review Officer at your regional office. The DRO will conduct an in-person (no consideration of previous decisions) review and either reverse the previous decision or affirm the decision. It is possible that you will be able not required to submit a new proof. The alternative is to request a hearing before a Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.
There are a variety of factors that go into choosing the most effective route for your appeal, so it's important to discuss these issues with your VA-accredited attorney. They'll have expertise in this area and will know what makes sense for your specific case. They also know the issues faced by disabled veterans and can be an effective advocate on your behalf.
Time Limits
If you suffer from a disability that was caused or aggravated during your military service, you can file a claim to receive compensation. You'll have to be patient as the VA reviews and decides on your claim. It may take up to 180 days after the claim has been filed before you receive an answer.
There are many variables that influence how long the VA will take to reach an assessment of your claim. How quickly your claim will be evaluated is largely determined by the quantity of evidence you submit. The location of the field office responsible for your claim can also influence how long it will take for the VA to review your claims.
Another aspect that could affect the time it takes for your claim to be processed is how often you contact the VA to check its progress. You can accelerate the process by submitting your evidence promptly and being specific in your details regarding the address of the medical care facilities that you use, and submitting any requested information when it becomes available.
If you believe that there was a mistake in the decision on your disability, then you can request a more thorough review. This involves submitting all the existing facts in your case to a senior reviewer who can determine if there was an error in the initial decision. However, this review can't contain new evidence.
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