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 additional monthly income that is tax free.

It's no secret that VA is a long way behind in processing disability claims for downey veterans disability attorney. It could take months, even years, for a decision to be made.

Aggravation

Veterans may be qualified for disability compensation if their condition was caused by their military service. This type of claim is referred to as an aggravated impairment and can be either mental or physical. A VA lawyer who is competent can assist a former military member submit an aggravated disabilities claim. A claimant needs to prove, through medical evidence or unbiased opinions that their condition prior to service was made worse by active duty.

Typically the most effective method to prove that a condition prior to service was aggravated is to get an independent medical opinion by an expert doctor who is specialized in the disabled veteran. 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 attest to the seriousness of their pre-service ailments.

In a claim for disability benefits for veterans it is essential to note that the condition that is aggravated must differ from the original disability rating. Disability lawyers can help former service members provide the necessary medical evidence and testimony to show that their initial condition wasn't simply aggravated because of military service, however, it was much 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 within its regulations 38 CFR 3.306 and 3.310. The different language of these provisions has led to confusion and controversy in the claims process. The inconsistent use of words such as "increased disability" and "any increased severity" are the main cause of litigation.

Conditions Associated with Service

To qualify a veteran for benefits, they have to prove that their disability or illness is related to their service. This is called showing "service connection." For some conditions, like Ischemic heart disease or other cardiovascular diseases that arise as a result of specific services-connected amputations is granted automatically. For other conditions, like PTSD the veterans must present lay evidence or testimony from people who were close to them in the military to prove their condition to a specific incident that took place during their service.

A pre-existing medical condition could be service-related in the case that it was aggravated due to active duty service and not due to the natural progression of disease. It is best to submit an explanation from a doctor that the aggravation of the condition was due to service, and not simply the natural progression.

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

Appeal

The VA has a procedure for appeals to appeal their decision as to whether or not to grant benefits. The first step is to make a notice of disagreement. If your VA-accredited lawyer will not handle this for you, then you can do it on your own. This form is used by the VA to let them know that you do not agree with their decision and would like a more thorough review of your case.

There are two routes to an upper-level review, both of which you must carefully consider. One option is to request a private hearing with a Decision Review Officer at 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 maintain it. You could or might not be able to present new evidence. The alternative is to request a hearing before an Wildwood veterans Disability Attorney Law Judge at the Board of Veterans' Appeals in Washington, D.C.

There are many factors to consider when choosing the best lane for your appeal, so it's crucial to discuss these issues with your attorney who is accredited by the VA. They're experienced and know what's best for your situation. They also know the challenges that disabled veterans face, which makes them an effective advocate for you.

Time Limits

You can seek compensation if you have an illness that you developed or worsened in the course of serving in the military. But you'll need to be patient during the VA's process for considering and deciding about the merits of your claim. It could take as long as 180 days after the claim has been filed before you get an answer.

There are many variables which can impact the length of time the VA will take to make an informed decision on your claim. The amount of evidence submitted will play a big role in the speed at which your application is reviewed. The location of the VA field office who will review your claim will also affect how long it takes.

Another aspect that could affect the time it takes for your claim to be processed is how often you contact the VA to check on the status of your claim. You can accelerate the process by submitting proof promptly and by providing specific address details for the medical care facilities you use, and sending any requested information immediately when it becomes available.

You can request a higher level review if you feel that the decision made on your disability was wrong. You'll need to provide all the facts of your case to a knowledgeable reviewer, who will decide whether there an error in the original decision. This review does not contain any new evidence.