How to File a Veterans Disability Claim

A veteran's disability claim is an essential part of his or her benefit application. Many veterans receive tax-free income after their claims are approved.

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

Aggravation

veterans disability law firm may be qualified for disability compensation if their condition was made more difficult by their military service. This kind of claim is known as an aggravated disability and can be either mental or physical. A skilled VA lawyer can help a former servicemember make an aggravated disability claim. The claimant must prove by proving medical evidence or an independent opinion, that their condition prior to service was aggravated due to active duty.

Typically the best way to prove that a condition prior to service was aggravated is to get an independent medical opinion by an expert in the veteran's disability. In addition to a doctor's report the veteran will require medical records as well as lay statements from friends or family members who are able to confirm the seriousness of their pre-service ailments.

It is important to note in a Veterans Disability Lawyer disability claim that the conditions that are aggravated must be different from the initial disability rating. Disability lawyers can help an ex-servicemember present enough medical evidence and testimony in order to show that their initial condition wasn't merely aggravated by military service, however, it was much worse than it would have been if the aggravating factor wasn't present.

VA proposes to realign its two "aggravation standards" in its regulations 38 CFR 3.306 and 3.310. The differing language used in these regulations has caused confusion and disagreement during the process of making claims. The inconsistent use of phrases such as "increased disability" and "any increased severity" are the main cause of litigation.

Service-Connected Terms

To qualify for benefits, veterans must prove his or her impairment or illness was caused by service. This is referred to as proving "service connection." For certain ailments, like ischemic heart disease, or other cardiovascular diseases that manifest as a result of service-connected amputations, veterans Disability lawyer service connection is automatically granted. For other conditions, like PTSD veterans are required to provide documents or evidence from people who were their friends in the military, to connect their condition to a specific incident that occurred during their service.

A pre-existing medical condition can also be service related when it was made worse because of active duty, and not the natural progression of disease. The best way to prove this is by providing the opinion of a doctor that the aggravation was due to service and not the normal progression of the disease.

Certain ailments and injuries can be attributed to or aggravated because of service. These are known as "presumptive diseases." They include exposure to Agent Orange for Vietnam and Korean veterans exposure to radiation in Prisoners of war, and different Gulf War conditions. Certain chronic illnesses and tropical diseases are also suspected to have been resulted or aggravated by military service. They include AL amyloidosis, chloracne, other acne-related conditions, porphyria cutanea tarda, multiple sclerosis, tuberculosis, and diabetes mellitus type 2. For more information on these presumptive diseases, click here.

Appeals

The VA has a procedure for appeals for appealing their decision on whether or not to award benefits. The first step is to file an appeal called a Notice of Disagreement. Your VA-accredited attorney may file this on your behalf, but if they do not, you can file it yourself. This form is used by the VA to inform them that you are not satisfied with their decision, and you would like a higher-level review of your case.

There are two options to request higher-level review. Both should be carefully considered. One is to request a personal hearing with a Decision Review Officer from your regional office. The DRO will perform an in-person (no consideration is given to the previous decisions) review and either reverse the earlier decision or uphold the decision. You could be able or not to submit new proof. The other option is to request a hearing before a Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.

It is crucial to discuss these aspects with your VA-accredited attorney. They're experienced in this area and will know what makes the most sense for your specific case. They are also aware of the challenges faced by disabled veterans disability attorney and can be a better advocate for you.

Time Limits

If you suffer from a physical or mental impairment that was caused or aggravated during your military service, you could file a claim in order to receive compensation. You'll need to be patient as the VA evaluates and makes a decision on your claim. It could take up to 180 days after your claim is submitted before you get a decision.

Numerous factors can affect how long it takes the VA to determine your claim. How quickly your application will be evaluated is largely determined by the quantity of evidence you submit. The location of the VA field office that will be reviewing your claim will also affect the length of time it takes.

How often you check in with the VA to see the status of your claim can influence the time it takes to process your claim. You can accelerate the process by sending all documentation as quickly as you can, and providing specific information regarding the medical care facility you use, as well as sending any requested details.

You can request a more thorough review if you feel that the decision made on your disability was incorrect. You'll have to submit all of the facts about your case to a knowledgeable reviewer, who will decide whether there an error in the initial decision. The review doesn't include any new evidence.