How to File a Veterans Disability Claim

The claim of a disabled veteran is an important part of submitting an application for benefits. Many veterans earn tax-free earnings when their claims are granted.

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

Aggravation

west peoria veterans disability lawsuit may be eligible for disability compensation in the event that their condition was aggravated by their military service. This type of claim may be physical or mental. A licensed VA lawyer can help a former servicemember make an aggravated disability claim. A claimant has to prove via medical evidence or independent opinions that their condition prior to service was made worse by active duty.

Typically, the best way to demonstrate that a pre-service condition 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 is required to submit medical records as well as lay statements from family or friends who can attest to their pre-service condition.

It is vital to remember in a veterans disability claim that the condition being aggravated has to be different than the original disability rating. A disability lawyer can assist a former servicemember provide enough medical evidence and testimony in order to prove that their previous condition wasn't only aggravated because of military service, but it was worse than what it would have been had the aggravating factor weren't present.

In order to address this issue VA proposes to re-align the two "aggravation" standards contained in its regulations - 38 CFR 3.306 and 3.310. The differing wording of these provisions has created confusion and disagreement in the claims process. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the root of litigation.

Service-Connected Terms

To be eligible for benefits veterans must show that the cause of their condition or disability was caused by service. This is known as "service connection." Service connection is granted automatically for certain ailments, like Ischemic heart diseases or any other cardiovascular conditions that develop due to specific amputations connected to service. For other conditions, such as PTSD robertsdale Veterans Disability Attorney are required to provide witnesses or lay evidence from those who knew them during the military, in order to connect their condition to an specific incident that occurred during their service.

A preexisting medical problem could also be service-connected in the case that it was aggravated by their active duty service and not by natural progression of the disease. The best way to prove this is by providing the opinion of a doctor that the ailment was due to service, and not the normal progression of the condition.

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

Appeals

The VA has a system for appealing their decision to grant or deny benefits. The first step is to file a Notice Of Disagreement. If your VA-accredited lawyer will not complete this task for you, you are able to do it on your own. This form is used by the VA to inform them that you do not agree with their decision and would like a more thorough review of your case.

There are two options for higher-level review. Both options should be considered carefully. You can request a private meeting with the Decision Review Officer at your local office. The DRO will perform an in-person (no review is given to prior decisions) review and either reverse the earlier decision or xilubbs.xclub.tw uphold the decision. You could or might not be able submit new evidence. You can also request an appointment with an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It is crucial to discuss all of these factors with your lawyer who is accredited by the VA. They will have experience in this field and know the best option for your particular case. They are also aware of the challenges faced by disabled veterans which makes them an ideal advocate for you.

Time Limits

You can claim compensation if you suffer from an illness that you developed or worsened while serving in the military. But you'll need to be patient when it comes to the VA's process for review and deciding on your application. It could take up to 180 days after your claim is filed before you receive a decision.

There are many variables that influence how long the VA takes to make a decision on your claim. How quickly your claim will be considered is mostly determined by the quantity of evidence you have submitted. The location of the VA field office who will review your claim could also impact the length of time it takes.

The frequency you check in with the VA to see the status of your claim could also affect the time it takes to finish the process. You can accelerate the process by submitting proof promptly by being specific with your address details for the medical care facilities that you utilize, and providing any requested information when it becomes available.

If you believe there was an error in the decision made regarding your disability, you may request a more thorough review. You'll have to submit all the details of your case to a knowledgeable reviewer, who will determine whether there was a mistake in the initial decision. This review does not include any new evidence.