How to File a Veterans Disability Claim

The claim of a disabled veteran is a crucial part of submitting an application for benefits. Many veterans receive tax-free income when their claims are accepted.

It's not secret that VA is behind in the processing of claims for disability from aurora veterans disability lawsuit. It could take months, even years for a determination to be made.

Aggravation

chicopee veterans disability lawsuit could be entitled to disability compensation if their condition was aggravated by their military service. This type of claim may be mental or physical. A VA lawyer who is competent can assist a former military member file an aggravated disabilities claim. The claimant must demonstrate using medical evidence or independent opinions, that their medical condition prior to service was made worse due to active duty.

Typically the most effective way to prove that a condition prior to service was aggravated is to get an independent medical opinion by an expert physician who is knowledgeable about the disabled veteran. In addition to the doctor's statement the veteran should also submit medical records as well as the lay statements of family or friends who attest to their pre-service condition.

In a claim for a disability benefit for veterans it is crucial to remember that the aggravated condition has to be different from the original disability rating. A disability lawyer can help the former service member provide sufficient medical evidence and testimony in order to establish that their original condition wasn't merely aggravated due to military service, but was also more severe than it would have been had the aggravating factor weren't present.

VA proposes to change its two "aggravation standards" in its regulations, 38 CFR 3.306 and 3.310. The differing wording of these provisions has caused confusion and disagreement during the claims process. Particularly, the inconsistent usage of terms such as "increase in disability" and "any increase in severity" has been the source of litigation and confusion.

Service-Connected Terms

In order for a veteran to be eligible for benefits, they must show that their illness or disability is related to their service. This is known as showing "service connection." For certain diseases, such as ischemic heart disease or other cardiovascular diseases that arise as a result of Amputations that are connected to service, the service connection is granted automatically. Veterans with other conditions, like PTSD are required to provide lay testimony or evidence from those who knew them during their time in service to connect their condition with a specific event that occurred during their military service.

A pre-existing medical issue can be a service-related issue in the event that it was aggravated due to active duty service and not due to the natural progression of disease. The most effective way to prove this is to present the opinion of a doctor that the aggravation was due to service, and not the normal progression of the disease.

Certain illnesses and injuries are believed to be caused or aggravated by service. They are known as "presumptive diseases." They include exposure to Agent Orange for Vietnam and Korean hartselle veterans Disability attorney and radiation exposure in Prisoners of War, as well as numerous Gulf War conditions. Certain chronic illnesses and tropical diseases are also presumed to have been caused or aggravated from service. This includes AL amyloidosis and other acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis and diabetes Mellitus Type 2. Click here for more details about these presumptive diseases.

Appeal

The VA has a system for appealing their decision to grant or deny benefits. The first step is filing an appeal called a Notice of Disagreement. Your VA-accredited attorney is likely to file this on your behalf however if not, you can do it yourself. This form is used by the VA to let them know that you are not satisfied with their decision and would prefer a more thorough review of your case.

There are two routes to a higher-level review one of which you should carefully consider. One option is to request a personal hearing with a Decision Review Officer at your regional office. The DRO will conduct an in-person (no consideration is given to the previous decisions) review and either overturn the earlier decision or uphold the decision. You may or may not be able to submit new evidence. The other option is to request an appointment with an Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.

There are a variety of factors to consider when choosing the best route for your appeal, and hartselle veterans disability attorney it is important to discuss these issues with your VA-accredited attorney. They're experienced in this area and will know what makes the most sense for your particular case. They are also well-versed in the difficulties that disabled veterans face and their families, which makes them an ideal advocate for you.

Time Limits

If you suffer from a condition that was acquired or worsened during your military service, you can file a claim and receive compensation. However, you'll need to be patient when it comes to the VA's process of taking a look at and deciding on your claim. You could have to wait up to 180 calendar days after filing your claim before receiving an answer.

Many factors can influence how long it takes the VA to decide on your claim. The amount of evidence you submit will play a major role in the speed at which your claim is considered. The location of the field office responsible for your claim can also influence the time it will take for the VA to review your claims.

The frequency you check in with the VA on the status of your claim can also affect the time it takes to complete the process. You can speed up the process by submitting your evidence whenever you can and by providing specific information regarding the addresses of the medical facilities you use, and sending any requested information immediately when it becomes available.

If you believe there has been an error in the decision made regarding your disability, you can request a higher-level review. You must submit all of the facts about your case to an experienced reviewer, who will determine whether there an error in the initial decision. This review does not include any new evidence.