How to File a Veterans Disability Claim

A veteran's disability claim is an important element of their benefit application. Many veterans receive tax-free income after their claims are approved.

It's not a secret that VA is behind in the processing of claims for disability from veterans. A decision can take months or even years.

Aggravation

A veteran might be able to claim disability compensation for a condition worsened by their military service. This type of claim may be physical or mental. A licensed VA lawyer can help former service members to file an aggravated disability claim. The claimant must prove via medical evidence or unbiased opinions that their condition prior to service was aggravated due to active duty.

Typically, the most effective method to prove that a condition prior to service was aggravated is to obtain an independent medical opinion from an expert doctor who is specialized in the disabled veteran. In addition to the doctor's opinion the veteran will also need to submit medical records and lay statements from family members or friends who are able to confirm the seriousness of their pre-service ailments.

In a claim for disability benefits for grafton veterans disability attorney it is essential to be aware that the aggravated condition has to be distinct from the original disability rating. A disability lawyer can guide the former service member on how to present sufficient medical evidence and testimony to establish that their condition was not only aggravated by military service, but actually worse than it would have been had it not been for the aggravating factor.

In order to address this issue, VA is proposing to change the two "aggravation" standards contained in its regulations - 38 CFR 3.306 and 3.310. The different language of these provisions has led to confusion and controversy in the process of claiming. The inconsistent use of words such as "increased disability" and "any increased severity" have been the source 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 known as proving "service connection." For certain conditions, like Ischemic heart disease and other cardiovascular diseases that arise due to specific Amputations that are connected to service, the service connection is automatically granted. For other conditions, like PTSD veterans have to present lay evidence or testimony from people who were their friends in the military, to connect their condition to a specific incident that occurred during their service.

A preexisting medical issue could also be service-related in the event that it was aggravated by their active duty service and not due to the natural progress of the disease. The most effective way to establish this is by submitting the doctor's opinion that the aggravation was due to service, and not the normal progress of the condition.

Certain ailments and injuries are believed to have been caused or worsened by service. These are referred to 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 diseases and tropical diseases are assumed to have been aggravated or triggered by service. This includes AL amyloidosis and other acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis, Tuberculosis, and Diabetes Mellitus Type 2. Click here for more details regarding these presumptive diseases.

Appeal

The VA has a procedure for appeals to appeal their decision regarding whether or not to grant benefits. The first step is filing a Notice of Disagreement. If your lawyer who is accredited by the VA does not do this for you, then you can do it on your own. This form allows you to inform the VA you disagree with their decision and that you want a higher-level review of your case.

There are two routes to an upscale review and both of them are options you should carefully consider. One option is to request a personal hearing with a Decision Review Officer from your regional office. The DRO will perform an in-person (no consideration of previous decisions) review and either overturn the earlier decision or maintain the decision. You might or may not be able to present new evidence. You can also request a hearing before a Veterans Law judge at the Board of morris veterans disability attorney' Appeals, Washington D.C.

It is essential to discuss all of these issues with your lawyer who is accredited by the VA. They'll have expertise in this area and will know what is the most appropriate option for your specific case. They are also familiar with the difficulties that disabled Carmel Veterans Disability Lawyer face, which makes them more effective advocates for you.

Time Limits

You can claim compensation if you have an illness that you developed or worsened during your time in the military. But you'll need to be patient with the VA's process of review and deciding on the merits of your claim. It could take up 180 days after your claim is filed before you are given an answer.

There are many factors which can impact the length of time the VA takes to make an assessment of your claim. The amount of evidence you provide is a significant factor in how quickly your application is considered. The location of the field office that is responsible for your claim also influences the time it will take for the VA to review your claim.

Another factor that can 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 help accelerate the process by submitting proof as soon as possible, being specific in your details regarding the address of the medical care facilities you use, and sending any requested information immediately when it becomes available.

You may request a higher-level review if you believe that the decision made on your disability was not correct. This involves submitting all the relevant facts of your case to an expert reviewer who can determine whether there was a mistake in the initial decision. However, this review can't contain new evidence.