How to File a Veterans Disability Claim

A veteran's disability claim is a critical part of his or her benefit application. Many veterans who have their claims approved receive an additional monthly income that is tax free.

It's not a secret that the VA is way behind in processing disability claims made by veterans. The process can take months or even years.

Aggravation

A veteran may be able to receive disability compensation for the condition that was caused by their military service. This type of claim is called an aggravated impairment and can be mental or physical. A VA lawyer who is competent can assist an ex-military personnel to file a claim for aggravated disabilities. A claimant must show by proving medical evidence or an independent opinion, that their pre-service medical condition was made worse by 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 severity of the pre-service illness. In addition to the doctor's statement the veteran must also submit medical records and the lay statements of family or friends who can attest to their pre-service condition.

It is important to note when submitting a claim for disability benefits for veterans that the condition being aggravated has to differ from the original disability rating. A disability lawyer can guide the former service member on how they can provide enough medical evidence and testimony to prove that their original health condition was not merely aggravated through military service, but actually worse than it would have been had it not been for the aggravating factor.

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 led to confusion and controversy regarding the claims process. The incongruent use phrases like "increased disability" and "any increased severity" have been the source of litigation.

Conditions Associated with Service

To be eligible for benefits veterans must show that their condition or disability was caused by service. This is known as proving "service connection." For some conditions, like Ischemic heart disease and other cardiovascular diseases that develop as a result of service-connected amputations, a service connection is automatically granted. For other conditions, pandahouse.lolipop.jp such as PTSD, veterans must provide lay evidence or testimony from people who knew them in the military, in order to connect their illness to a specific incident that occurred during their time in service.

A pre-existing medical problem can be service-related when it was made worse because of active duty and not due to the natural progression of disease. It is advisable to provide an explanation from a doctor that the aggravation of the condition was caused by service and not the natural progression of the disease.

Certain ailments and injuries 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 chatham veterans disability lawsuit radiation exposure in Prisoners of War and other Gulf War conditions. Certain chronic diseases and tropical illnesses are believed to have been caused or caused by military service. This includes AL amyloidosis as well as other acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis, Tuberculosis and diabetes Mellitus Type 2. For more details on these presumptive conditions, click here.

Appeals

The VA has a system 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 is likely to make this filing on your behalf however if not, you are able to file it yourself. This form is used by the VA to let them know that you do not agree with their decision, and want a higher level review of your case.

There are two paths to an upscale review, both of which you should take into consideration. One is to request a hearing with an officer from the Decision Review Office at your regional office. The DRO will perform a de novo (no consideration is given to the previous decisions) review and Vimeo.Com either overturn the earlier decision or uphold it. You may or not be able to submit new evidence. The other option is to request an appointment with an Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

It is essential to discuss these issues with your VA-accredited attorney. They will have experience in this area and will know what makes the most sense for your particular situation. They also understand the challenges that disabled veterans face and can be more effective advocates on your behalf.

Time Limits

You may be eligible for compensation if you have a disability that was acquired or worsened while serving in the military. You'll need to be patient while the VA reviews and decides on your claim. It could take as long as 180 days after your claim is filed before you get a decision.

There are many factors that influence how long the VA takes to make a decision on your claim. The speed at which your application will be reviewed is largely determined by the volume of evidence that you submit. The location of the field office that is responsible for your claim will also affect the time it will take for the VA to review your claims.

Another factor that can impact the time required for your claim to be processed is the frequency at which you contact the VA to check on the status of your claim. You can accelerate the process of filing a claim by sending all documentation as quickly as you can. You should also provide specific information about the medical facility you use, as well as sending any requested information.

You can request a higher level review if it is your opinion that the decision based on your disability was not correct. You'll need to provide all the facts regarding your case to a knowledgeable reviewer, who will determine whether there an error in the original decision. This review doesn't contain any new evidence.