How to File a Veterans Disability Claim

The claim of disability for a veteran is a key part of submitting an application for benefits. Many veterans are eligible for tax-free income when their claims are granted.

It's no secret that the VA is way behind in the process of processing disability claims for veterans. The decision could take months or even years.

Aggravation

A veteran may be able to claim disability compensation for an illness that was worsened due to their military service. This type of claim is called an aggravated disability and can be either mental or physical. A VA lawyer who is qualified can assist a former military member to file a claim for aggravated disabilities. A claimant has to prove by proving medical evidence or independent opinions, that their medical condition prior to serving was aggravated due to active duty.

A doctor who is an expert on the condition of the veteran will be able to provide an independent medical opinion that demonstrates the seriousness of the pre-service condition. In addition to the doctor's report, the veteran must also submit medical records and lay statements from family or friends who attest to their pre-service condition.

In a claim for a disability benefit for veterans it is essential to remember that the aggravated condition has to be different from the original disability rating. Disability lawyers can help the former service member provide sufficient medical evidence and testimony to prove that their original condition wasn't simply aggravated by military service, but it was worse than what it would have been had the aggravating factor weren't present.

In order to address this issue, VA proposes to re-align the two "aggravation" standards within its regulations - 38 CFR 3.306 and 3.310. The differences in the language of these provisions has caused confusion and disagreement in the claims process. The incongruent use phrases like "increased disability" and "any increased severity" have been the cause of litigation.

Service-Connected Terms

To be eligible for benefits, they must show that their condition or illness is linked to service. This is referred to as "service connection." For some conditions, such as ischemic heart disease, or other cardiovascular diseases that manifest due to specific services-connected amputations is granted automatically. Veterans with other conditions such as PTSD, must provide the evidence of lay witnesses or from those who knew them during their time in service to connect their condition with a specific event that occurred during their military service.

A preexisting medical issue could be service-related if it was aggravated by their active duty service and not by natural progress of the disease. It is advisable to provide a doctor's report that explains that the deterioration of the condition was due to service, not just the natural progression.

Certain ailments and injuries are presumed to have been caused or aggravated by the service. These are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans, radiation exposure in Prisoners of War, and other Gulf War conditions. Some chronic diseases and tropical diseases are presumed to have been caused or aggravated by service. This includes AL amyloidosis, as well as other acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis Tuberculosis as well as Diabetes Mellitus Type 2. Click here for more information regarding these presumptive diseases.

Appeal

The VA has a procedure for appealing their decision to grant or deny benefits. The first step is filing a Notice of Disagreement. The VA-accredited attorney you have chosen will submit this form on your behalf however if not, you can do it yourself. This form is used to tell the VA you disagree with their decision and you'd like a higher-level analysis of your case.

There are two options for an upscale review that you must carefully consider. You can request a private meeting with a Decision Review Officer in your local office. The DRO will conduct an de novo review (no deference to the earlier decision) and either overturn or affirm the earlier decision. You might or may not be able to present new evidence. You can also request an interview with a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It is important to discuss all of these factors with your lawyer who is accredited by the VA. They're experienced in this area and will know what is the most appropriate option for your particular case. They are also aware of the difficulties faced by disabled san diego veterans disability lawyer and their families, which makes them a better advocate for you.

Time Limits

You can apply for compensation if you suffer from a disability that you acquired or worsened during your time in the military. However, you'll need to be patient when it comes to the process of reviewing and deciding on your application. It may take up to 180 days after the claim has been submitted before you get a decision.

Many factors influence the time it takes for VA to make a decision on your claim. The speed at which your claim will be reviewed is largely determined by the quantity of evidence you have submitted. The location of the VA field office who will review your claim can also impact the length of time it takes.

Another factor lawyers that can affect the time required for your claim to be processed is how often you contact the VA to check the progress of your claim. You can accelerate the process by sending all documentation as quickly as possible, providing specific information regarding the medical center you use, and sending any requested details.

If you believe there was a mistake in the decision made regarding your disability, you can request a more thorough review. 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. The review doesn't include any new evidence.