How to File a Veterans Disability Claim

The claim of a veteran for disability is a key component of the application process for benefits. Many veterans who have their claims accepted receive additional income each month which is tax-free.

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

Aggravation

Veterans may be eligible for disability compensation in the event that their condition was aggravated due to their military service. This kind of claim is known as an aggravated disability. It could be mental or physical. A skilled VA lawyer can assist former service members make an aggravated disability claim. A claimant needs to prove, through medical evidence or unbiased opinions that their pre-service condition was aggravated due to active duty.

Typically, the most effective way to prove that a pre-service issue was aggravated is through an independent medical opinion by an expert doctor who is specialized in the veteran's disability. In addition to the doctor's statement the veteran must also provide medical records and the lay statements of family or friends who attest to their pre-service condition.

It is crucial to remember in a claim to be disabled by a veteran that the aggravated conditions must be different than the original disability rating. A disability lawyer can help an ex-servicemember present enough medical evidence and testimonies to show that their initial condition wasn't just aggravated due to military service however, it was much worse than it would have been had the aggravating factor had not been present.

In addressing this issue, VA is proposing to change the two "aggravation" standards in its regulations 38 CFR 3.306 and 3.310. The differing language in these regulations has caused confusion and controversies during the process of claiming. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the root of litigation.

Service-Connected Conditions

To qualify a veteran for benefits, they must demonstrate that their condition or illness is linked to service. This is known as showing "service connection." Service connection is automatically granted for certain conditions, like ischemic heart diseases or other cardiovascular disease that develops due to specific service-connected amputations. boston colville veterans disability law firm disability lawsuit (vimeo.com) with other conditions like PTSD and PTSD, are required to provide witness testimony or lay evidence from people who were close to them during their service to establish a connection between their condition to an specific incident that occurred during their military service.

A pre-existing medical condition could be a result of service in the event that it was aggravated because of active duty and not as a natural progression of disease. It is recommended to present an explanation from a doctor that the aggravation of the condition was caused by service, and not simply the natural progress of the disease.

Certain ailments and injuries are believed to be caused or aggravated due to service. These are known as "presumptive diseases." This includes exposure to Agent Orange for Vietnam and Korean veterans as well as exposure to radiation for Prisoners of War, as well as other Gulf War conditions. Some chronic illnesses and tropical diseases are also presumed to have been resulted or aggravated by military service. This includes AL amyloidosis as well as other acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis, Tuberculosis and Diabetes Mellitus Type 2. Click here for more details about these presumptive diseases.

Appeal

The VA has a system for appealing their decision to grant or deny benefits. The first step is to file an appeal called a Notice of Disagreement. Your VA-accredited attorney is likely to 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 that you want a higher-level review of your case.

There are two paths to a higher-level review that you should take into consideration. One option is to request a private hearing with the Decision Review Officer in your regional office. The DRO will conduct a de novo review (no deference to the decision made previously) and either reverse or affirm the earlier decision. You could be able or not to submit new proof. You can also request a hearing before an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It's important to discuss all of these factors with your VA-accredited lawyer. They'll have expertise in this field and know what makes sense for Download free your particular situation. They are also well-versed in the difficulties that disabled center veterans disability attorney face and can be more effective advocates for you.

Time Limits

You can seek compensation if you have an impairment that you acquired or worsened in the course of serving in the military. However, you'll need patient with the VA's process of taking a look at and deciding on your application. It may take up to 180 days after the claim has been filed before you receive an answer.

Many factors affect how long it takes the VA to determine your claim. How quickly your application will be evaluated is largely determined by the quantity of evidence that you submit. The location of the VA field office which will be reviewing your claim could also impact the time it takes to review your claim.

How often you check in with the VA regarding the status of your claim could affect the time it takes to process your claim. You can accelerate the process of filing a claim by submitting all evidence as quickly as you can, including specific information about the medical facility you use, and sending any requested details.

You may request a higher-level review if it is your opinion that the decision based on your disability was wrong. You'll have to submit all of the facts about your case to a knowledgeable reviewer who will determine whether there an error in the initial decision. However, this review can't include any new evidence.