How to File a Veterans Disability Claim

The claim of a disabled veteran is an important component of the application process for Veterans Disability Lawyer benefits. Many veterans 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 for veterans. A decision can take months or even years.

Aggravation

veterans disability Lawyer could be entitled to disability compensation if their condition was aggravated by their military service. This type of claim can be physical or mental. A VA lawyer who is competent can assist an ex-military personnel to file a claim for aggravated disabilities. A claimant needs to prove via medical evidence or an independent opinion, that their condition prior to service was made worse by active duty.

Typically, the most effective way to prove that a pre-service condition was aggravated is to obtain an independent medical opinion from a physician who specializes in the disability of veterans disability law firm. In addition to a doctor's report, the veteran will also require medical records and lay statements from family members or friends who can attest to the severity of their pre-service condition.

When a claim for disability benefits from veterans, it is important to be aware that the condition being aggravated has to differ from the original disability rating. An attorney who is a disability attorney can help an ex-servicemember on how they can provide enough medical evidence and testimony to prove that their health condition was not merely aggravated by military service, but was worse than it would have been without the aggravating factor.

VA proposes to revise its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The differing wording of these provisions has caused confusion and disagreement in the claims process. Particularly, the inconsistent use of terms like "increase in disability" and "any increase in severity" has been the source of litigation and confusion.

Conditions of Service

To be eligible for benefits veterans must prove the impairment or illness was caused by service. This is known as showing "service connection." For some conditions, such as Ischemic heart disease or other cardiovascular diseases that arise as a result of specific Amputations that are connected to service, the service connection is granted automatically. For other conditions, such as PTSD veterans disability law firm are required to provide documents or evidence from those who knew them during the military, to connect their condition with a specific incident that occurred during their time in service.

A pre-existing medical issue can be a service-related issue if it was aggravated due to active duty service, and not the natural progression of the disease. It is best to provide a doctor's report that explains that the deterioration of the condition was caused by service, not just the natural progression.

Certain injuries and illnesses are believed to have been caused or worsened by service. These are called "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans and radiation exposure among Prisoners of War and other Gulf War conditions. Certain chronic diseases and tropical diseases are also believed 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. For more information on these probable conditions, click here.

Appeals

The VA has a system to appeal their decision as to the issue of whether or not to grant benefits. The first step is filing a Notice Of Disagreement. If your lawyer is certified by VA and does not handle this for you, then you're able to complete it on your own. This form is used to inform the VA that you are not satisfied with their decision and you'd like to have a more thorough review of your case.

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

There are many aspects to consider when selecting the most effective route for your appeal, so it's crucial to discuss these options with your attorney who is accredited by the VA. They'll have experience in this area and will know the best option for your particular case. They are also aware of the challenges that disabled veterans face and can be an effective advocate for you.

Time Limits

You can seek compensation if you suffer from an illness that you developed or worsened during your time in the military. But you'll need to be patient with the process of review and deciding on your application. You could have to wait up to 180 calendar days after filing your claim before receiving a decision.

Many factors can influence the time it takes for the VA to consider your claim. How quickly your application will be considered is mostly determined by the volume of evidence you provide. The location of the VA field office who will review your claim can also impact the time it takes to review your claim.

The frequency you check in with the VA to check the status of your claim could affect the length of time it takes to finish the process. You can speed up the process by sending all documentation as quickly as you can, including specific information about the medical care facility you use, and sending any requested details.

If you believe there has been an error in the decision regarding your disability, you are able to request a more thorough review. This involves submitting all relevant facts of your case to an experienced reviewer who will determine if there was an error in the initial decision. However, this review is not able to include new evidence.