How to File a Veterans Disability Claim

A veteran's disability claim is an important component 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 secret that VA is behind in processing veteran disability claims. It can take months, even years, for a decision to be made.

Aggravation

A veteran may be able to claim disability compensation for a condition worsened by their military service. This kind of claim is known as an aggravated disability. It can be mental or physical. A VA lawyer who is competent can assist an ex-military member to file a claim for aggravated disabilities. The claimant must demonstrate using medical evidence or independent opinions, that their medical condition prior to service was made worse by active duty.

Typically, the most effective way to prove that a pre-service issue was made worse is by obtaining an independent medical opinion by an expert doctor who is specialized in the veteran's disability. In addition to a doctor's report the veteran will also need to submit medical records as well as lay statements from friends or family members who are able to confirm the severity of their pre-service conditions.

It is essential to note in a claim for a disability benefit for veterans that the condition being aggravated has to be different from the original disability rating. A disability lawyer can help an ex-servicemember present enough medical evidence and testimonies to prove that their previous condition wasn't just aggravated due to military service, but was also more severe than it would have been had the aggravating factor wasn't present.

VA proposes to change its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The difference in the wording of these provisions has led to confusion and controversy in the process of claiming. Specifically, the incongruent use of terms such as "increase in disability" and "any increase in severity" has led to a lot of disputes and uncertainty.

Service-Connected Terms

To be eligible for benefits, they have to prove that their disability or illness is connected to service. This is known as proving "service connection." For certain conditions, like Ischemic heart disease or other cardiovascular diseases that arise as a result of specific Amputations that are connected to service, the service connection is granted automatically. Veterans suffering from other conditions, like PTSD, must provide lay testimony or lay evidence from people who knew them during their service to establish a connection between their condition to a specific event that occurred during their time in the military.

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

Certain illnesses and injuries are presumed to have been caused or aggravated by the service. These are called "presumptive illnesses." These include exposure to Agent Orange for Vietnam and Korean west melbourne veterans disability attorney as well as exposure to radiation for Prisoners of War, and numerous Gulf War conditions. Some chronic illnesses and tropical diseases are suspected to have been resulted or aggravated by military service. They include AL amyloidosis, chloracne or other acne-related diseases, porphyria cutanea tarda, multiple sclerosis, tuberculosis, and florida city Veterans disability lawsuit diabetes mellitus type 2. Click here to learn more regarding these presumptive diseases.

Appeals

The VA has a procedure for appeals to appeal their decision as to whether or not to grant 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 a more thorough review. Both options should be considered carefully. You can request a personal meeting with a Decision Review Officer in your local office. The DRO will conduct a de novo appeal (no deference to the earlier decision) and either overturn or confirm the earlier decision. You may be able or not required to submit a new proof. You can also request an appointment with a Florida City Veterans Disability Lawsuit 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 field and know what makes sense for your specific case. They also know the issues faced by disabled veterans which makes them a stronger advocate for you.

Time Limits

You can apply for compensation if you have an impairment that you acquired or worsened in the course of serving in the military. You'll need to wait as the VA evaluates and makes a decision on your application. It could take up to 180 calendar days after submitting your claim to receive a decision.

There are a variety of factors that influence how long the VA is able to make an decision on your claim. The speed at which your application will be reviewed is largely determined by the quantity of evidence you submit. The location of the VA field office that will be reviewing your claim can also impact the length of time required to review.

Another factor that could affect the time it takes for your claim to be processed is how often you contact the VA to check the progress of your claim. You can help accelerate the process by submitting proof promptly by being specific with your address details for the medical care facilities you utilize, and providing any requested information immediately when it becomes available.

If you believe that there has been an error in the decision on your disability, you may request a higher-level review. This involves submitting all the evidence in your case to an expert reviewer who can determine whether there was an error in the initial decision. The review doesn't include any new evidence.