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How to File a Veterans Disability Claim

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

It's no secret that VA is behind in the process of processing claims for disability by veterans. 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 worsened by their military service. This kind of claim is known as an aggravated disability and can be either physical or mental. A licensed VA lawyer can assist former service members make an aggravated disability claim. A claimant must demonstrate via medical evidence or unbiased opinions that their pre-service condition was made worse by active duty.

Typically, the best way to demonstrate that a pre-service condition was made worse is by obtaining an independent medical opinion from an expert in the disability of veterans Disability law Firms. In addition to a physician's declaration the veteran will also need to submit medical records and lay assertions from family members or friends who can testify to the seriousness of their pre-service ailments.

It is vital to remember in a veterans disability claim that the aggravated condition must be different from the original disability rating. Disability lawyers can help the former service member provide sufficient medical evidence and testimony in order to establish that their original condition wasn't simply aggravated by military service, but it was worse than what it would have been had the aggravating factor had not been present.

In addressing this issue, VA is proposing to change the two "aggravation" standards contained in its regulations 38 CFR 3.306 and 3.310. The differing wording of these provisions has led to confusion and controversy during the claims process. Particularly, the inconsistent use of phrases such as "increase in disability" and "any increase in severity" is the cause of litigation and confusion.

Service-Connected Terms

To be eligible for benefits a veteran must prove that the cause of their condition or disability was caused by service. This is known as "service connection." For certain ailments, like Ischemic heart disease and other cardiovascular diseases that develop due to specific Amputations that are connected to service, the service connection is automatically granted. veterans disability attorney with other conditions, like PTSD and PTSD, are required to provide the evidence of lay witnesses or from people who knew them during their service to establish a connection between their condition with a specific incident that occurred during their military service.

A preexisting medical issue could also be service-related when it was made worse through active duty and not by natural progression of the disease. The best way to prove this is to present the opinion of a doctor that the aggravation was due to service, and not the normal development of the condition.

Certain injuries and illnesses 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, exposure to radiation in Prisoners of War, as well as other Gulf War conditions. Some chronic illnesses and tropical diseases are also presumed to have been caused or worsened by military service. They include AL amyloidosis or chloracne, other acne-related conditions Porphyria Cutanea Tighta, multiple sclerosis, tuberculosis, and diabetes mellitus type 2. For more details on these presumptive diseases, click here.

Appeal

The VA has a process to appeal their decision regarding whether or not to award benefits. The first step is to submit a Notice of Dispute. Your VA-accredited attorney may complete this for you but if not, you can file it yourself. This form is used to notify the VA you disagree with their decision and that you'd like a higher-level analysis of your case.

There are two options available for a more thorough review. Both options should be considered carefully. One is to request a hearing with a Decision Review Officer at your regional office. The DRO will conduct a de novo review (no deference to the decision made previously) and either reverse or confirm the earlier decision. You might or may not be able to submit new evidence. You may also request an appearance before an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

There are many aspects to consider when selecting the best lane for your appeal, and it's important to discuss these with your attorney who is accredited by the VA. They have experience and know the best option for your situation. They also know the issues that disabled veterans face and can help them become an effective advocate for you.

Time Limits

You may be eligible for compensation if you have a disability that you acquired or worsened while serving in the military. You'll have to be patient as the VA evaluates and makes a decision on your claim. It could take up to 180 calendar days after submitting your claim before you receive an answer.

Many factors can influence how long it takes the VA to make a decision on your claim. The speed at which your claim will be evaluated is largely determined by the volume of evidence that you submit. The location of the VA field office which will be reviewing your claim can also impact how long it takes.

How often you check in with the VA on the status of your claim can also affect the time it takes to complete the process. You can accelerate the process of filing a claim by making sure to submit all evidence as swiftly as you can, including specific information regarding the medical facility you use, and sending any requested details.

You can request a more thorough review if you believe that the decision based on your disability was not correct. This means that you submit all the evidence in your case to an experienced reviewer who will determine whether there was a mistake in the initial decision. This review does not contain any new evidence.