How to File a Veterans Disability Claim

A veteran's disability claim is an important element of their benefit application. Many veterans earn tax-free earnings when their claims are approved.

It's not secret that VA is behind in processing disability claims of Jennings Veterans Disability Attorney. It can take months, even years for a determination to be made.

Aggravation

stanwood veterans disability attorney may be eligible for disability compensation if their condition was caused by their military service. This type of claim is known as an aggravated impairment and can be either physical or mental. A VA lawyer who is competent can help an ex-military person make an aggravated disability claim. A claimant must show through medical evidence or independent opinions that their pre-service medical condition was aggravated through active duty.

Typically the most effective way to prove that a pre-service issue was aggravated is to get an independent medical opinion from an expert physician who is knowledgeable about the condition of the veteran. In addition to the doctor's opinion, the veteran will also need to submit medical records and lay assertions from family or friends who can attest to the severity of their pre-service condition.

In a claim for a disability benefit for veterans it is crucial to be aware that the condition that is aggravated must be distinct from the initial disability rating. A disability lawyer can help a former servicemember provide enough medical evidence and testimony to prove that their previous condition wasn't simply aggravated by military service, but it was worse than what it would have been if the aggravating factor wasn't present.

In order to address this issue, VA is proposing to change the two "aggravation" standards within 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. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the source of litigation.

Service-Connected Terms

To be eligible for benefits, they must prove that their disability or illness is related to their service. This is referred to as "service connection." Service connection is granted automatically for certain conditions, such Ischemic heart disease or another cardiovascular diseases that develop due to specific service-connected amputations. For other conditions, such as PTSD veterans have to present lay evidence or testimony from those who knew them during the military, in order to connect their condition to a specific incident that occurred during their time of service.

A pre-existing medical problem can also be service related when it was made worse due to active duty service and not just the natural progression of the disease. It is recommended to present the doctor with a report explaining that the deterioration of the condition was caused by service, not just the natural progression.

Certain injuries and illnesses may be thought to be caused or aggravated by treatment. These are called "presumptive illnesses." These include exposure to Agent Orange for Vietnam and Korean veterans and radiation exposure in Prisoners of War, as well as different Gulf War conditions. Some chronic illnesses and tropical diseases are also thought to be caused or aggravated by service. These are AL amyloidosis, chloracne, other acneform diseases Porphyria Cutanea Tighta, tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. Click here for more details about these probable diseases.

Appeals

The VA has a procedure to appeal their decision regarding the issue of whether or not to grant benefits. The first step is to submit a Notice of Disagreement. The VA-accredited attorney you have chosen will make this filing on your behalf however if not, you are able to file it yourself. This form is used to tell the VA you disagree with their decision and that you'd like a higher-level analysis of your case.

There are two routes to a higher-level review and both of them are options you should carefully consider. You can request a private meeting with a Decision Review Officer in your local office. The DRO will conduct a de novo review (no deference given to the previous decision) and either overturn or confirm the earlier decision. You could or might not be able submit new evidence. You may also request an appearance before an Veterans Law judge at the Board of talladega veterans disability attorney' Appeals, Washington D.C.

It is crucial to discuss all of these factors with your VA-accredited lawyer. They will have experience in this field and know what makes sense for your particular situation. They are also aware of the difficulties faced by disabled veterans, which can make them a stronger advocate on your behalf.

Time Limits

If you suffer from a disability that was caused or aggravated during military service, then you could file a claim in order to receive compensation. You'll have to be patient while the VA reviews and decides on your claim. It could take up to 180 days after the claim has been filed before you receive a decision.

Many factors can influence the time it takes for VA to determine your claim. The amount of evidence you submit is a significant factor in how quickly your application is considered. The location of the VA field office which will be evaluating your claim will also affect the length of time it takes.

How often you check in with the VA on the status of your claim can affect the time it takes to process. You can accelerate the process by submitting evidence promptly and by providing specific address details for the medical care facilities that you use, and sending any requested information when it becomes available.

If you believe there has been a mistake in the decision on your disability, then you can request a higher-level review. You will need to submit all the facts regarding your case to a knowledgeable reviewer, who will decide whether there was a mistake in the initial decision. But, oakmont Veterans disability attorney this review will not include new evidence.