How to File a Veterans Disability Claim

The claim of disability for a veteran is an important element of the application for benefits. Many veterans who have their claims accepted receive additional monthly income that is tax free.

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

Aggravation

A veteran may be able to receive compensation for disability due to a condition made worse by their military service. This kind of claim is known as an aggravated disability. It can be either mental or physical. A skilled VA lawyer can assist the former soldier submit an aggravated claim. The claimant must prove by proving medical evidence or unbiased opinions that their pre-service condition was aggravated due to active duty.

A doctor who is an expert in the condition of the veteran can provide an independent medical opinion which will prove the severity of the condition prior to service. In addition to a physician's declaration the veteran will require medical records and lay statements from family members or friends who can attest to the severity of their pre-service condition.

In a claim for disability benefits for veterans it is essential to remember that the aggravated condition has to be different from the original disability rating. A disability lawyer can help former service members provide the necessary medical evidence and testimonies to prove that their previous condition wasn't merely aggravated due to military service, however, it was much worse than what it would have been had the aggravating factor weren't present.

VA proposes to revise its two "aggravation standards" in its regulations 38 CFR 3.306 and 3.310. The differing wording of these regulations has caused confusion and controversy during the process of making claims. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the root of litigation.

Conditions Associated with Service

To be eligible for benefits veterans must show that the impairment or illness was caused by service. This is known as "service connection." Service connection is automatically granted for certain conditions, like Ischemic heart diseases or any other cardiovascular diseases that arise due to specific amputations linked to service. Veterans with other conditions like PTSD are required to provide the evidence of lay witnesses or from people who knew them during their time in the military to connect their condition to an specific incident that occurred during their military service.

A preexisting medical condition could also be service-related in the event that it was aggravated through active duty and not by natural progression of the disease. The most effective method to demonstrate this is to provide a doctor's opinion that states that the ailment was due to service, and not the normal progression of the condition.

Certain illnesses and injuries are believed to be caused or aggravated due to service. These are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in Prisoners of War, and other Gulf War conditions. Some chronic illnesses and tropical diseases are presumed to have been caused or worsened by military service. This includes AL amyloidosis, as well as other acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis Tuberculosis as well as Diabetes Mellitus Type 2. For more information about these probable conditions, click here.

Appeal

The VA has a system to appeal their decision to grant or deny benefits. The first step is to file a Notice of Disagreement. Your VA-accredited attorney will likely file this on your behalf but if not, you are able to file it yourself. This form allows you to inform the VA that you are not satisfied with their decision and that you'd like a higher-level analysis of your case.

There are two options available for an additional level review. Both should be considered carefully. You can request a private meeting with an official from the Decision Review Office at your local office. The DRO will conduct a de novo appeal (no deference to the earlier decision) and either overturn or uphold the earlier decision. You could be able or not to submit new proof. The other option is to request a hearing before a Veterans Law Judge from the Board of veterans disability law firms' Appeals in Washington, D.C.

It is crucial to discuss all of these factors with your VA-accredited lawyer. They're experienced and know what's best for your case. They also know the issues that disabled veterans face and can be a stronger advocate for you.

Time Limits

You may be eligible for compensation if you suffer from an illness that you developed or worsened in the course of serving in the military. It is important to be patient while the VA reviews and decides on your claim. It could take as long as 180 days after the claim has been filed before you receive an answer.

There are many variables that can affect how long the VA takes to make an informed decision on your claim. The speed at which your application will be evaluated is largely determined by the volume of evidence you have submitted. The location of the VA field office which will be reviewing your claim could also impact the length of time it takes.

Another factor that can impact the length of time it takes your claim to be processed is how often you contact the VA to inquire about its progress. You can help speed up the process by submitting your evidence promptly, being specific in your details regarding the address of the medical facilities you utilize, and providing any requested information immediately when it becomes available.

If you think there was an error in the decision made regarding your disability, you are able to request a more thorough review. You'll need to provide all the facts regarding your case to a knowledgeable reviewer, who will decide whether there an error in the initial decision. This review does not include any new evidence.