How to File a Veterans Disability Claim

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

It's no secret that the VA is 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 may be entitled to disability compensation if their condition was aggravated due to their military service. This type of claim is referred to as an aggravated disability and can be either physical or mental. A VA lawyer who is competent can help a former military member to file a claim for aggravated disabilities. The claimant must demonstrate using medical evidence or independent opinions, that their pre-service medical condition was aggravated by active duty.

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

It is important to note when submitting a claim for disability benefits for wilmington veterans disability attorney that the condition being aggravated has to be different from the initial disability rating. A disability attorney can advise an ex-servicemember on how to provide the proper medical evidence and testimony to establish that their original condition was not only aggravated by 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 is proposing to realign 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 controversy regarding the claims process. Specifically, the incongruent use of terms such as "increase in disability" and "any increase in severity" is the cause of litigation and confusion.

Conditions Associated with Service

To qualify a veteran for benefits, they must prove that their disability or illness is related to service. This is referred to as proving "service connection." Service connection is automatically granted for certain conditions, such ischemic heart diseases or other cardiovascular diseases that arise due to specific amputations linked to service. For other conditions, like PTSD veterans have to present witnesses or lay evidence from people who were close to them in the military, to link their condition to an specific incident that occurred during their time in service.

A preexisting medical condition may be a result of service if it was aggravated by their active duty service and not through natural progression of the disease. It is best to provide the doctor with a report explaining that the aggravation of the condition was due to service, not just the natural progression of the disease.

Certain injuries and illnesses can be thought to be caused or aggravated because of service. They are known as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans exposure to radiation in prisoner of war, and various Gulf War conditions. Certain chronic diseases and tropical diseases are believed to have been aggravated or triggered by service. This includes AL amyloidosis and various acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis as well as Diabetes Mellitus Type 2. Click here for more information about these probable diseases.

Appeals

The VA has a system to appeal their decision to grant or deny benefits. The first step is filing a Notice Of Disagreement. Your VA-accredited attorney will likely complete this for you however if not, you may file it yourself. This form is used by the VA to inform them that you do not agree with their decision, and would like a more thorough review of your case.

There are two options for a higher-level review one of which you should take into consideration. One is to request a hearing with a Decision Review Officer at your regional office. The DRO will conduct a de novo (no consideration of previous decisions) review and either overturn the earlier decision or uphold the decision. You may be able or not to submit new proof. Another option is to request a hearing before an Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

There are many aspects to consider when selecting the best route for your appeal, and it's important to discuss these options with your VA-accredited attorney. They're experienced and know what is best for your case. They also know the challenges faced by disabled independence Veterans disability law firm which makes them an ideal advocate for you.

Time Limits

If you have a disability that was acquired or worsened during military service, then you can file a claim and receive compensation. You'll need to wait while the VA examines and decides on your application. It could take up to 180 days after your claim is submitted before you get a decision.

There are many variables that can affect how long the VA will take to make a decision on your claim. The speed at which your application will be reviewed is largely determined by the volume of evidence you have submitted. The location of the field office handling your claim can also influence how long it takes for the VA to review your claim.

Another factor that can affect the time required for your claim to be processed is how often you contact the VA to inquire about its progress. You can help accelerate the process by submitting evidence as soon as possible and by providing specific address information for the medical facilities you utilize, and providing any requested information when it becomes available.

You can request a more thorough review if you believe the decision made on your disability was wrong. You'll need to provide all the details of your case to an experienced reviewer, who will decide whether there an error in the original decision. However, this review cannot include any new evidence.