How to File a Veterans Disability Claim

The veteran's claim for disability is a key part of the application for benefits. Many veterans Disability Lawyer who have their claims approved receive an additional monthly income that is tax free.

It's not a secret that the VA is way behind in the process of processing disability claims made by veterans disability attorney. It can take months, even years for a decision to be made.

Aggravation

Veterans could be qualified for disability compensation if their condition was made more difficult by their military service. This type of claim is called an aggravated disability and can be either mental or physical. A licensed VA lawyer can help the former soldier submit an aggravated claim. The claimant must prove, through medical evidence or an independent opinion, that their condition prior to service was aggravated due to active duty.

Typically the most effective way to prove that a condition prior to service was aggravated is to obtain an independent medical opinion from a physician who specializes in the veteran's disability. In addition to a physician's declaration in addition, the veteran will have to submit medical records and lay declarations from family or friends who can testify to the severity of their pre-service condition.

It is important to note when submitting a claim for disability benefits for veterans that the aggravated conditions must be different from the original disability rating. Disability lawyers can help the former service member provide sufficient medical evidence and testimonies to establish that their original condition wasn't only aggravated due to military service but was also more severe than what it would have been if the aggravating factor had not been present.

VA proposes to rewrite its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The differing wording of these provisions has led to confusion and debate regarding the claims process. The inconsistent use of terms such as "increased disability" and "any increased severity" are the main cause of litigation.

Service-Connected Terms

To be eligible for benefits, they must demonstrate that their disability or illness is connected to service. This is referred to as "service connection." Service connection is automatically granted in certain circumstances, including Ischemic heart disease or another cardiovascular conditions that develop as a result specific amputations connected to service. Veterans suffering from other ailments like PTSD are required to provide lay testimony or lay evidence from people who knew them during their service to establish a connection between their condition to a specific incident that occurred during their time in the military.

A pre-existing medical condition can be service-related in the event that it was aggravated due to active duty service and not due to the natural progression of the disease. The most effective way to demonstrate this is to provide the doctor's opinion that the aggravation was due to service and not just the normal progress of the condition.

Certain illnesses and injuries are believed to be caused or aggravated due to service. They are known as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans as well as exposure to radiation for prisoner of war, and various Gulf War conditions. Some chronic diseases and tropical diseases are assumed to have been aggravated or caused by service. They include AL amyloidosis or chloracne, other acne-related diseases, porphyria cutanea tarda, tuberculosis and multiple sclerosis and diabetes mellitus type 2. Click here to learn more regarding these presumptive diseases.

Appeal

The VA has a system for appealing their decision to grant or deny benefits. The first step is to submit a Notice of Disagreement. Your VA-accredited attorney may file this on your behalf however if not, you may file it yourself. This form is used to notify the VA you disagree with their decision and you'd like a higher-level analysis of your case.

There are two options for an additional level review. Both options should be considered carefully. One option is to request a hearing with an officer from the Decision Review Office at your regional office. The DRO will perform an in-person (no review is given to the previous decisions) review and either overturn the earlier decision or uphold the decision. You could be able or not be required to present new evidence. The other path is to request a hearing with an Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.

There are many aspects to consider when selecting the best lane for your appeal, and it's crucial to discuss these options with your VA-accredited attorney. They're experienced and know the best option for your case. They are also aware of the challenges that disabled veterans face and their families, Veterans Disability lawyer which makes them more effective advocates for you.

Time Limits

You can claim compensation if you have a disability that was acquired or worsened while serving in the military. But you'll have to be patient with the VA's process for considering and deciding about your claim. You could have to wait up to 180 calendar days after filing your claim before receiving an answer.

There are many variables that can affect how long the VA will take to make a decision on your claim. How quickly your application will be considered is mostly determined by the quantity of evidence you provide. The location of the field office handling your claim will also affect 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 the status of your claim. You can accelerate the process of filing a claim by providing all evidence as fast as you can, and providing specific information about the medical care facility you use, as well as providing any requested information.

You can request a higher level review if it is your opinion that the decision based on your disability was incorrect. This involves submitting all evidence in your case to an experienced reviewer who will determine whether there was an error in the initial decision. This review doesn't contain any new evidence.