How to File a Veterans Disability Claim

A veteran's disability claim is a crucial part of their benefit application. Many veterans who have their claims accepted receive additional income each month that is tax free.

It's no secret that VA is a long way behind in processing disability claims from veterans disability attorney. A decision can take months or even years.

Aggravation

A veteran could be eligible to receive compensation for disability due to the condition that was made worse by their military service. This kind of claim can be physical or mental. A competent VA lawyer can assist the former soldier to file an aggravated disability claim. A claimant has to prove by proving medical evidence or independent opinions that their condition prior to service was aggravated due to active duty.

Typically the most effective way to prove that a pre-service condition was aggravated is to get an independent medical opinion from an expert physician who is knowledgeable about the disability of veterans. In addition to a physician's declaration in addition, the veteran will be required to provide medical records and lay declarations from family or friends who are able to confirm the extent of their pre-service injuries.

In a veterans disability claim it is crucial to be aware that the condition that is aggravated must be different from the original disability rating. A disability lawyer can assist an ex-servicemember present enough medical evidence and testimony to prove that their previous condition wasn't only aggravated due to military service but that it was more severe than it would have been had the aggravating factor had not been present.

VA proposes to revise its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The difference in the wording of these provisions has created confusion and controversy in the process of claiming. The inconsistent use of words such as "increased disability" and "any increased severity" have been the cause of litigation.

Service-Connected Conditions

To qualify for benefits, veterans must prove the cause of their impairment or illness was caused by service. This is known as "service connection." Service connection is automatically granted in certain circumstances, including ischemic heart diseases or other cardiovascular diseases that develop due to specific amputations connected to service. For other conditions, such as PTSD veterans have to present the evidence of laypeople or those who knew them during the military, to connect their condition with a specific incident that took place during their time in service.

A preexisting medical condition could be a result of service if it was aggravated by active duty and not caused by the natural progression of the disease. It is best to provide an official report from a doctor that explains that the deterioration of the condition was caused by service, and not the natural progress of the disease.

Certain illnesses and Veterans Disability Lawsuits injuries are believed to be caused or aggravated by service. These are known as "presumptive diseases." This includes exposure to Agent Orange for Vietnam and Korean veterans and radiation exposure in prisoner of war, and different Gulf War conditions. Certain chronic illnesses and tropical diseases are also believed to have been caused or worsened by military service. These are AL amyloidosis, chloracne, other acne-related disorders Porphyria Cutanea Tighta, tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. Click here for more details about these probable diseases.

Appeal

The VA has a procedure to appeal their decision on whether or not to grant benefits. The first step is filing a Notice of Disagreement. If your VA-accredited lawyer will not handle this for you, you are able to complete it on your own. This form is used to notify the VA that you are not satisfied with their decision and you'd like a higher-level analysis of your case.

There are two paths to an upper-level review, both of which you should carefully consider. You can request a personal meeting with a Decision Review Officer in your local office. The DRO will conduct a review de novo (no deference given to the earlier decision) and either reverse or confirm the earlier decision. You could or might not be allowed to submit new evidence. The other option is to request an appointment with a Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

It is crucial to discuss all of these factors with your lawyer who is accredited by the VA. They will have experience in this field and know what makes sense for your particular situation. They are also familiar with the challenges that disabled veterans face, which makes them an ideal advocate for you.

Time Limits

You can apply for compensation if you suffer from an impairment that you acquired or veterans disability lawsuits worsened while serving in the military. But you'll have to be patient during the VA's process for taking a look at and deciding on the merits of your claim. It could take up to 180 days after your claim is submitted before you get an answer.

There are many factors that can affect how long the VA takes to make an informed decision on your claim. The amount of evidence you provide will play a major role in how quickly your claim is evaluated. The location of the field office handling your claim will also affect the time it takes for the VA to review your claim.

The frequency you check in with the VA regarding the status of your claim can affect the length of time it takes to complete the process. You can speed up the process by submitting evidence whenever you can by being specific with your details regarding the address of the medical care facilities that you use, and submitting any requested information as soon as it is available.

If you believe there has been a mistake in the decision made regarding your disability, you may request a more thorough review. You'll have to submit all of the facts about your case to an experienced reviewer, who will decide whether there an error in the original decision. This review does not contain any new evidence.