How to File a Veterans Disability Claim

A veteran's disability claim is an essential element of their benefit application. Many veterans who have their claims approved receive additional monthly income which is tax-free.

It's no secret that VA is behind in processing disability claims of veterans. The decision could take months or even years.

Aggravation

Veterans may be qualified for disability compensation if their condition was aggravated by their military service. This type of claim could be physical or mental. A skilled VA lawyer can assist the former service member make an aggravated disability claim. A claimant must demonstrate via medical evidence or independent opinions that their condition prior to service was aggravated due to active duty.

A physician who is an expert in the veteran's disability can provide an independent medical opinion which will prove the seriousness of the pre-service condition. In addition to a doctor's report the veteran will require medical records as well as lay statements from family or friends who can confirm the extent of their pre-service injuries.

It is important to note when submitting a claim for disability benefits for veterans that the aggravated conditions must differ from the original disability rating. An attorney for disability can guide the former soldier on how they can provide enough medical evidence and testimony to establish that their health condition was not merely aggravated by military service, but actually worse than it would have been without the aggravating factor.

VA proposes to change its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The differing wording of these provisions has caused confusion and disagreement in the process of claiming. Particularly, the inconsistent use of terms such as "increase in disability" and "any increase in severity" has been the cause of disputes and uncertainty.

Service-Connected Conditions

To be eligible for benefits, a veteran must prove that the condition or disability was caused by service. This is referred to as "service connection." For some conditions, such as ischemic heart disease, or other cardiovascular diseases that arise as a result of specific service-connected amputations, service connection is automatically granted. For other conditions, like PTSD veterans are required to provide documents or evidence from people who were close to them in the military to prove their condition with a specific incident that occurred during their service.

A preexisting medical issue could be service-related in the case that it was aggravated by active duty and not through natural progress of the disease. The most effective method to establish this is by submitting an opinion from a doctor that states that the ailment was due to service and not the normal development of the condition.

Certain ailments and injuries are believed to have been caused or aggravated by service. They are known as "presumptive diseases." They include exposure to Agent Orange for Vietnam and Korean Ladue veterans disability attorney as well as exposure to radiation for Prisoners of War, and various Gulf War conditions. Some chronic illnesses and tropical diseases are also presumed to have been resulted or aggravated by military service. These include AL amyloidosis, chloracne or other acne-related disorders Porphyria Cutanea Tighta, tuberculosis, multiple sclerosis and diabetes mellitus type 2. Click here to learn more about these presumptive illnesses.

Appeal

The VA has a procedure to appeal their decision regarding whether or not to grant benefits. The first step is filing an appeal called a Notice of Disagreement. If your VA-accredited lawyer does not handle this for you, then you can do it on your own. This form allows you to inform the VA that you are not satisfied with their decision and that you'd like to have a more thorough review of your case.

There are two options for higher-level review. Both options should be carefully considered. You can request a private meeting with an official from the Decision Review Office at your local office. The DRO will perform a de novo (no consideration is given to previous decisions) review and either reverse the earlier decision or uphold the decision. It is possible that you will be able not required to provide new proof. The other option is to request an interview before an chula vista veterans disability lawyer Law Judge at the Board of Veterans' Appeals in Washington, D.C.

There are a variety of aspects to consider when selecting the best lane for your appeal, so it is important to discuss these options with your VA-accredited attorney. They have experience and know what's best for your situation. They are also well-versed in the challenges that disabled auburn veterans disability lawyer face and their families, which makes them a better advocate for you.

Time Limits

You can seek compensation if you have an impairment that you acquired or worsened as a result of serving in the military. But you'll have to be patient when it comes to the VA's process of reviewing and deciding on your claim. It could take up 180 days after your claim is filed before you get a decision.

There are many variables that can affect how long the VA is able 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 handles your claim will also impact how long it takes for the VA to review your claim.

Another factor that could affect the time it takes for your claim to be processed is how often you contact the VA to inquire about the status of your claim. You can speed up the process by sending all documentation as quickly as possible, providing specific information about the medical care facility you use, and sending any requested information.

You can request a higher level review if you believe the decision based on your disability was not correct. You will need to submit all the facts regarding your case to an experienced reviewer who will determine whether there was a mistake in the original decision. However, this review cannot contain new evidence.