How to File a Veterans Disability Claim

A veteran's disability claim is a crucial part of his or her benefit application. Many veterans receive tax-free income after their claims are approved.

It's not a secret that the VA is a long way behind in the process of processing disability claims for veterans disability Law firms. A decision can take months or even years.

Aggravation

Veterans could be eligible for disability compensation if their condition was aggravated by their military service. This type of claim is referred to as an aggravated disability. It could be either mental or physical. A VA lawyer who is competent can assist an ex-military personnel file an aggravated disabilities claim. A claimant has to prove by proving medical evidence or independent opinions, that their pre-service condition was made worse by active duty.

A physician who is an expert on the disability of the veteran can offer an independent medical opinion that will demonstrate the severity of the pre-service condition. In addition to the physician's statement, the veteran must also provide medical records and statements from family members or friends who can attest to their pre-service condition.

In a claim for veterans disability law Firms disability benefits for veterans it is important to be aware that the condition that is aggravated must differ from the original disability rating. A disability attorney can advise the former soldier on how to present sufficient medical evidence and evidence to show that their original condition was not only aggravated by military service, but actually worse than it would have been without the aggravating factor.

VA proposes to rewrite its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The differing language used in these regulations has led to confusion and controversy in the process of claiming. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the cause of litigation.

Conditions of Service

To be eligible for benefits, they must prove that their illness or disability is linked to service. This is called showing "service connection." Service connection is granted automatically for certain conditions, like Ischemic heart diseases or any other cardiovascular diseases that develop as a result specific service-connected amputations. Veterans suffering from other ailments like PTSD and PTSD, are required to provide witness testimony or lay evidence from people who knew them during their time in the military to connect their condition to a specific incident that occurred during their military service.

A preexisting medical condition could also be service-connected in the case that it was aggravated through active duty and not caused by the natural progress of the disease. It is advisable to provide a doctor's report that explains that the aggravation of the condition was caused by service, and not the natural progress of the disease.

Certain injuries and illnesses can be believed to be caused or aggravated because of treatment. They are known as "presumptive diseases." They include exposure to Agent Orange for Vietnam and Korean veterans disability lawyers as well as exposure to radiation for Prisoners of War, as well as other Gulf War conditions. Certain chronic diseases and tropical illnesses are believed to have been aggravated or triggered by service. This includes AL amyloidosis, as well as other acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis Tuberculosis, and Diabetes Mellitus Type 2. For more details on these presumptive conditions, visit here.

Appeal

The VA has a procedure for appealing their decision to grant or deny benefits. The first step is to file a Notice Of Disagreement. Your VA-accredited attorney is likely to make this filing on your behalf but 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 you would like a higher-level review of your case.

There are two ways to get a higher-level review, both of which you should consider carefully. You can request a private meeting with the Decision Review Officer at your local office. The DRO will conduct a de novo review (no deference to the previous decision) and either reverse or confirm the earlier decision. You could or might not be able to present new evidence. The other option is to request an appointment before an Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

There are a variety of factors that go into choosing the best route for your appeal, and it's crucial to discuss these with your VA-accredited attorney. They're experienced in this field and know the best option for your particular case. They are also well-versed in the challenges that disabled veterans face which makes them an effective advocate for you.

Time Limits

If you suffer from a condition which was created or worsened during your military service, you may file a claim to receive compensation. 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 before you get a decision.

Many factors can influence the time it takes for VA to determine your claim. The amount of evidence you provide will play a major role in how quickly your application is reviewed. The location of the field office that handles your claim will also impact the time it takes for the VA to review your claims.

Another factor that can impact the time required for your claim to be processed is how often you contact the VA to inquire about the progress of your claim. You can speed up the claim process by providing all evidence as fast as you can, including specific information regarding the medical care facility you use, as well as providing any requested information.

You can request a higher level review if you believe that the decision you were given regarding your disability was not correct. This requires you to submit all relevant facts of your case to a senior reviewer who can determine if there was an error in the original decision. This review doesn't contain any new evidence.