How to File a Veterans Disability Claim

The claim of disability for a veteran is a key part of the application for benefits. Many veterans who have their claims accepted receive additional monthly income which is tax-free.

It's no secret that the VA is way behind in processing disability claims from veterans. A decision can take months or even years.

Aggravation

Veterans may be eligible for disability compensation in the event that their condition was aggravated due to their military service. This type of claim is known as an aggravated disability and can be either mental or physical. A VA lawyer who is competent can assist an ex-military personnel submit an aggravated disabilities claim. A claimant has to prove by proving medical evidence or an independent opinion, that their pre-service medical condition was made worse through active duty.

Typically, the best way to demonstrate that a pre-service issue was made worse is by obtaining an independent medical opinion by a physician who specializes in the disabled veteran. In addition to the doctor's statement the veteran must also provide medical records and lay statements from family or friends who attest to their pre-service condition.

When a claim for disability benefits from veterans it is important to note that the condition that is aggravated must be distinct from the initial disability rating. A disability lawyer can assist the former service member provide sufficient medical evidence and witness to prove that their previous condition wasn't just aggravated because of military service, but it was worse than what it would have been if the aggravating factor had not been present.

VA proposes to change its two "aggravation standards" in its regulations 38 CFR 3.306 and 3.310. The differences in the 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 root of litigation.

Conditions Associated with Service

To be eligible for benefits dickinson veterans disability lawyer must prove their impairment or illness was caused by service. This is known as proving "service connection." For certain conditions, like Ischemic heart disease and other cardiovascular diseases that develop as a result of specific Amputations that are connected to service, the service connection is granted automatically. For other conditions, like PTSD, veterans must provide witnesses or lay evidence from people who knew them in the military to prove their condition to a specific incident that occurred during their service.

A pre-existing medical condition could be a service-related issue if it was aggravated by active duty, and not the natural progression of the disease. The best method to prove this is to present a doctor's opinion that states that the aggravation was due to service and not just the normal development of the condition.

Certain illnesses and injuries are believed to be caused or aggravated due to service. These are called "presumptive illnesses." 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 illnesses are also thought to be aggravated or caused by military service. These include AL amyloidosis or chloracne, other acne-related diseases, porphyria cutanea tarda, veterans disability lawsuit tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. For more information about these presumptive conditions, click here.

Appeals

The VA has a procedure to appeal their decision to award or deny benefits. The first step is to file a Notice Of Disagreement. If your lawyer who is accredited by the VA does not do this for you, then you can do it yourself. This form is used to notify the VA that you are not satisfied with their decision and you want a higher-level review of your case.

There are two ways to get an upscale review and both of them are options you should consider carefully. One option is to request a personal hearing with a Decision Review Officer at your regional office. The DRO will conduct a de novo appeal (no deference to the decision made previously) and either overturn or uphold the earlier decision. You may be able or not required to provide new proof. You can also request an appearance before an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It is important to discuss these aspects with your VA-accredited lawyer. They'll have expertise in this area and will know the best option for your particular case. They are also well-versed in the difficulties that disabled Hialeah gardens veterans disability Lawsuit face which makes them a better advocate for you.

Time Limits

If you suffer from a physical or mental impairment that was caused or aggravated during military service, you can file a claim to receive compensation. But you'll need to be patient with the VA's process for review and deciding on your application. It could take up to 180 calendar days after submitting your claim to receive a decision.

There are many variables that affect the time the VA will take to reach an decision on your claim. The speed at which your claim will be reviewed is largely determined by the quantity of evidence you provide. The location of the VA field office who will review your claim will also affect the time it takes to review your claim.

The frequency you check in with the VA regarding the status of your claim could also affect the time it takes to complete the process. You can help speed up the process by providing evidence promptly by being specific with your address information for the medical facilities you use, and submitting any requested information when it becomes available.

You may request a higher-level review if it is your opinion that the decision made on your disability was wrong. You'll have to submit all of the facts about your case to an experienced reviewer, who will decide whether there an error in the initial decision. This review does not contain any new evidence.