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How to File a Veterans Disability Claim

The claim of a disabled veteran is a vital component of the application process for benefits. Many veterans who have their claims approved receive an additional monthly income that is tax free.

It's no secret that the VA is a long way behind in the process of processing disability claims made by veterans. It can take months or even years for a determination to be made.

Aggravation

A veteran could be eligible get disability compensation in the event of an illness that was worsened due to their military service. This type of claim can be physical or mental. A VA lawyer who is qualified can help a former military member submit an aggravated disabilities claim. A claimant has to prove through medical evidence or an independent opinion, that their pre-service medical condition was made worse by active duty.

Typically, the best way to prove that a condition prior to service was aggravated is through an independent medical opinion from an expert in the disabled veteran. In addition to the doctor's report, the veteran is required to submit medical records as well as the lay statements of family or friends who can attest to their pre-service condition.

When a claim for disability benefits from veterans it is important to note that the aggravated condition has to differ from the original disability rating. An attorney who is a disability attorney can help the former service member on how to provide sufficient medical evidence and testimony to establish that their original health condition was not merely aggravated by military service, but actually worse than it would have been without the aggravating factor.

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 different wording in these provisions has caused confusion and controversy during the process of claiming. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the root of litigation.

Service-Connected Conditions

To be eligible for benefits, the veteran must prove that the health or disability was caused by service. This is referred to as "service connection." For certain diseases, such as ischemic heart disease or other cardiovascular diseases that manifest due to specific services-connected amputations is granted automatically. For other conditions, like PTSD veterans disability lawyer (i thought about this) are required to provide documents or evidence from those who knew them during the military, to connect their illness to a specific incident that took place during their time of service.

A preexisting medical problem could also be service-connected when it was made worse by their active duty service and not by natural progress of the disease. It is advisable to provide an explanation from a doctor that the deterioration of the condition was due to service and not the natural progression of the disease.

Certain ailments and injuries can be thought to be caused or aggravated because of treatment. These are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans disability lawyers radiation exposure in Prisoners of War, as well as other Gulf War conditions. Some chronic diseases and tropical diseases are also believed to have been caused or worsened by military service. This includes AL amyloidosis as well as other acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis and Diabetes Mellitus Type 2. For more details on these presumptive conditions, visit here.

Appeal

The VA has a system for appealing their decision to award or deny benefits. The first step is to file an appeal called a Notice of Disagreement. Your VA-accredited attorney will likely make this filing on your behalf but if not, you may file it yourself. This form is used by the VA to inform them that you disagree with their decision and want a higher level review of your case.

You have two options for an additional level review. Both options should be considered carefully. One option is to request a private hearing with the Decision Review Officer in your regional office. The DRO will perform an in-person (no consideration is given to previous decisions) review and either overturn the earlier decision or uphold the decision. You may be required or not required to submit a new proof. The alternative is to request an interview before a Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

There are a variety of aspects to consider when selecting the best route for your appeal, and it's essential to discuss these with your attorney who is accredited by the VA. They're experienced in this area and will know what makes the most sense for your specific case. They also understand the challenges that disabled veterans disability lawyers face which makes them more effective advocates on your behalf.

Time Limits

If you have a disability that was incurred or worsened during military service, then you can file a claim and receive compensation. You'll need to be patient as the VA evaluates and makes a decision on your application. It could take up to 180 calendar days after filing your claim before you receive a decision.

There are many variables which can impact the length of time the VA is able to make an decision on your claim. The amount of evidence submitted will play a significant role in how quickly your claim is reviewed. 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 regarding the status of your claim could affect the time it takes to finish the process. You can speed up the process by submitting proof promptly, being specific in your address details for the medical facilities you utilize, and providing any requested information as soon as it's available.

You can request a higher level review if it is your opinion that the decision based on your disability was wrong. This involves submitting all relevant facts of your case to an expert reviewer who can determine if there was an error in the original decision. This review does not contain any new evidence.