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 receive tax-free income when their claims are approved.

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

Aggravation

A veteran might be able to claim disability compensation for an illness that was caused by their military service. This type of claim is referred to as an aggravated disability. It could be mental or physical. A skilled VA lawyer can help the former soldier make an aggravated disability claim. A claimant must show using medical evidence or independent opinions, that their pre-service medical condition was aggravated through active duty.

A doctor who is an expert in the condition of the veteran will be able to provide an independent medical opinion proving the seriousness of the pre-service condition. In addition to the doctor's report, the veteran should also submit medical records as well as statements from relatives or friends who attest to their pre-service condition.

It is important to note in a claim to be disabled by a veteran that the conditions that are aggravated must be different from the initial disability rating. An attorney who is a disability attorney can help the former soldier on how they can provide enough medical evidence and testimony to establish that their condition was not only caused by military service, but was worse than it would have been had it not been for the aggravating factor.

VA proposes to realign its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The differing wording of these provisions has caused confusion and controversy in the process of claiming. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the root of litigation.

Service-Connected Conditions

To qualify for benefits, veterans must prove the condition or disability was caused by service. This is referred to as proving "service connection." Service connection is granted automatically for certain conditions, like Ischemic heart disease or another cardiovascular diseases that arise because of specific amputations linked to service. For other conditions, like PTSD, veterans must provide lay evidence or testimony from those who knew them during the military, to link their condition to an specific incident that took place during their service.

A pre-existing medical problem can be a service-related issue when it was made worse because of active duty and not as a natural progression of the disease. The most effective method to demonstrate this is to provide an opinion from a doctor that states that the ailment was due to service, and not the normal progress of the condition.

Certain illnesses and injuries may be believed to be caused or ivimall.com aggravated due to service. These are known as "presumptive diseases." They include exposure to Agent Orange for Vietnam and Korean veterans and radiation exposure in Prisoners of War, as well as various Gulf War conditions. Certain chronic illnesses and tropical diseases are also thought to be resulted or aggravated by military service. This includes AL amyloidosis as well as other acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis, Tuberculosis as well as Diabetes Mellitus Type 2. Click here to learn more about these presumptive illnesses.

Appeal

The VA has a system for appealing their decision to grant or deny benefits. The first step is to file a Notice of Disagreement. The VA-accredited attorney you have chosen will submit this form 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 disagree with their decision and you would like a higher-level review of your case.

You have two options for higher-level review. Both should be carefully considered. One option is to request a private hearing with the Decision Review Officer in your regional office. The DRO will conduct a de novo (no consideration is given to prior decisions) review and either reverse the earlier decision or confirm it. You may or may not be able to submit new evidence. You can also request an appearance before a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It's important to discuss all of these factors with your VA-accredited attorney. They have experience and know the best option for your situation. They are also aware of the difficulties that disabled fairview veterans disability attorney face which makes them an effective advocate on your behalf.

Time Limits

You can seek compensation if you suffer from an impairment that you acquired or worsened as a result of serving in the military. You'll need to wait while the VA reviews and decides on your application. It may take up to 180 days after the claim has been filed before you receive an answer.

There are many variables which can impact the length of time the VA will take to reach an assessment of your claim. The amount of evidence you provide will play a big role in the speed at which your application is considered. The location of the field office handling your claim will also impact the time it will take for the VA to review your claims.

How often you check in with the VA to check the status of your claim can affect the length of time it takes to complete the process. You can speed up the claim process by submitting all evidence as quickly as you can, and encoskr.com providing specific information regarding the medical facility you use, and vimeo.com providing any requested details.

You may request a higher-level review if you believe the decision you were given regarding your disability was incorrect. This involves submitting all the evidence in your case to a senior reviewer who can determine whether there was an error in the original decision. However, this review cannot include new evidence.