How to File a Veterans Disability Claim

A veteran's disability claim is an important part of their benefit application. Many veterans who have their claims approved receive an additional monthly income that is tax-free.

It's not a secret that VA is behind in processing veteran disability claims. It could take months, even years, for a final decision to be made.

Aggravation

clarkston east petersburg veterans disability attorney disability law firm (vimeo.com) could be entitled to disability compensation if their condition was aggravated due to their military service. This type of claim can be mental or physical. A skilled VA lawyer can assist a former servicemember submit an aggravated claim. The claimant must demonstrate, with medical evidence or independent opinions, that their medical condition prior to service was made worse due to active duty.

A doctor who is an expert on the veteran's disability can provide an independent medical opinion which will prove the severity of the pre-service illness. In addition to a physician's declaration the veteran will also be required to provide medical records as well as lay statements from family or friends who can testify to the severity of their pre-service condition.

It is vital to remember in a claim to be disabled by a veteran that the condition being aggravated has to differ from the original disability rating. A disability lawyer can assist former service members provide the necessary medical evidence and witness to show that their initial condition wasn't simply aggravated because of military service, however, it was much worse than it would have been if the aggravating factor hadn't been present.

VA proposes to revise its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The differing language used in these provisions has caused confusion and controversies during the claims process. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the cause of litigation.

Service-Connected Terms

In order for a veteran to be eligible for benefits, they must prove that their illness or disability is linked to service. This is referred to as "service connection." Service connection is granted automatically in certain circumstances, including Ischemic heart disease or another cardiovascular diseases that develop as a result specific amputations that are connected to service. Veterans suffering from other ailments, like PTSD are required to provide lay testimony or lay evidence from those who knew them during their time in the military to connect their condition to an specific event that occurred during their military service.

A preexisting medical condition could be a result of service in the event that it was aggravated by their active duty service and not due to the natural progress of the disease. It is advisable to provide the doctor with a report explaining that the deterioration of the condition was caused by service, and not the natural progression of the disease.

Certain ailments and injuries are believed to have been caused or aggravated by service. These are referred to as "presumptive diseases." This includes exposure to Agent Orange for Vietnam and Korean veterans and radiation exposure in Prisoners of war, and various Gulf War conditions. Some chronic diseases and [Redirect-302] tropical illnesses are also thought to be aggravated or caused by service. They include AL amyloidosis and chloracne as well as other acne-related disorders Porphyria Cutanea Tighta, tuberculosis and multiple sclerosis and diabetes mellitus type 2. Click here for more information about these probable diseases.

Appeals

The VA has a system to appeal their decision as to whether or not to award benefits. The first step is filing an appeal called a Notice of Disagreement. If your VA-accredited lawyer does not take this step for you, then you're able to do it yourself. This form is used to notify the VA that you are not satisfied with their decision and you would like a more thorough review of your case.

There are two routes to a more thorough review that you should carefully consider. One option is to request a personal hearing with an officer from the Decision Review Office at your regional office. The DRO will conduct a de novo review (no deference to the previous decision) and either reverse or confirm the earlier decision. You could or might not be able to present new evidence. Another option is to request an interview before a Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.

It is crucial to discuss these issues with your VA-accredited attorney. They'll have expertise in this field and know the best option for your particular case. They also understand Clairton veterans Disability law firm the challenges that disabled veterans face, which can make them a stronger advocate on your behalf.

Time Limits

You may be eligible for compensation if you have a disability that was acquired or worsened as a result of serving in the military. You'll need to be patient while the VA examines and decides on your claim. You could have to wait up to 180 calendar days after submitting your claim before you get an answer.

There are a variety of factors that influence how long the VA takes to make an decision on your claim. The speed at which your application will be reviewed is largely determined by the volume of evidence you have submitted. The location of the field office that handles your claim can also influence the time it will take for the VA to review your claims.

Another factor that can affect the time required 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 sending all documentation as quickly as you can, and providing specific details about the medical facility you use, and sending any requested information.

If you believe that there was a mistake in the decision made regarding your disability, then you can request a more thorough review. This involves submitting all the evidence in your case to an experienced reviewer who will determine whether there was an error in the original decision. This review does not contain any new evidence.