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 receive tax-free income when their claims are granted.

It's no secret that the VA is way behind in the process of processing disability claims from veterans. It can take months or even years for a determination 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 known as an aggravated disability and can be either physical or mental. A licensed VA lawyer can help the former soldier file an aggravated disability claim. A claimant needs to prove by proving medical evidence or an independent opinion, that their pre-service condition 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 from an expert doctor who is specialized in the disability of veterans. In addition to the doctor's opinion the veteran will also require medical records and vn.easypanme.com lay statements from family or friends who can confirm the severity of their pre-service condition.

It is vital to remember in a claim for a disability benefit for veterans that the conditions that are aggravated must be different from the initial disability rating. Disability lawyers can help former service members provide the necessary medical evidence and witness to prove that their previous condition wasn't only aggravated due to military service, but was also more severe than what it would have been if the aggravating factor had not been present.

In order to address this issue VA is proposing to align the two "aggravation" standards within its regulations 38 CFR 3.306 and 3.310. The differing language in these provisions has caused confusion and disagreement during the claims process. Particularly, Vimeo.Com the inconsistent usage of terms such as "increase in disability" and "any increase in severity" has been the source of litigation and uncertainty.

Conditions that are associated with Service

To qualify a veteran for benefits, they must show that their disability or illness is connected to 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 granted automatically. For other conditions, such as PTSD, veterans must provide witnesses or lay evidence from those who knew them during the military, to connect their condition with a specific incident that took place during their time of service.

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

Certain injuries and illnesses are believed to have been caused or aggravated by service. These are referred to as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans and radiation exposure among Prisoners of War and other Gulf War conditions. Some chronic diseases and tropical diseases are also believed to have been resulted or aggravated by military service. This includes AL amyloidosis as well as other acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis Tuberculosis as well as Diabetes Mellitus Type 2. For more information about these probable conditions, click here.

Appeal

The VA has a procedure to appeal their decision on whether or not to grant benefits. The first step is to submit a Notice of Dispute. Your VA-accredited attorney may complete this for you however if not, you may file it yourself. This form is used by the VA to inform them that you disagree with their decision, and would like a more thorough review of your case.

There are two paths to an upscale review and both of them are options you must carefully consider. You can request a personal meeting with a Decision Review Officer in your local office. The DRO will conduct an in-person (no review is given to prior decisions) review and either overturn the earlier decision or confirm the decision. You may be able or not required to provide new proof. Another option is to request an appointment before an veterans disability law firm Law Judge from the Board of Veterans' Appeals in Washington, D.C.

There are a variety of factors that go into choosing the best lane for your appeal, and it is important to discuss these issues with your attorney who is accredited by the VA. They're experienced in this area and will know what is the most appropriate option for your particular case. They are also familiar with the difficulties that disabled veterans face 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 military service, then you can file a claim and receive compensation. You'll have to be patient as the VA evaluates and makes a decision on your claim. You may need to wait up to 180 calendar days after filing your claim before you receive a decision.

There are a variety of factors which can impact the length of time the VA takes to make an informed decision on your claim. How quickly your claim will be evaluated is largely determined by the quantity of evidence you have submitted. The location of the field office handling your claim will also impact the time it takes for the VA to review your claim.

Another factor that can affect the time it takes your claim to be processed is the frequency at which you contact the VA to inquire about its progress. You can accelerate the process of filing a claim by making sure to submit all evidence as swiftly as possible, providing specific information regarding the medical facility you use, as well as providing any requested information.

If you think there was a mistake in the determination of your disability, you can request a more thorough review. This involves submitting all the facts that exist in your case to an expert reviewer who can determine if there was an error in the original decision. But, this review will not contain new evidence.