How to File a Veterans Disability Claim

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

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

Aggravation

Veterans could be qualified for disability compensation if their condition was caused by their military service. This type of claim could be mental or physical. A VA lawyer who is certified can help a former military member file an aggravated disabilities claim. A claimant must show through medical evidence or an independent opinion, that their medical condition prior to service was aggravated through active duty.

Typically, the best way to prove that a pre-service condition was aggravated is to obtain an independent medical opinion by a physician who specializes in the condition of the veteran. In addition to a physician's declaration the veteran will need to submit medical records and lay statements from family members or friends who can confirm the extent of their pre-service injuries.

It is vital to remember in a claim to be disabled by a veteran that the conditions that are aggravated must be different from the original disability rating. An attorney for disability can guide the former soldier on how to provide the proper medical evidence and testimony to establish that their condition was not only aggravated through military service, but actually worse than it would have been had it not been for the aggravating factor.

In order to address this issue, VA is proposing to realign the 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 during the process of filing claims. Specifically, the incongruent usage of terms such as "increase in disability" and "any increase in severity" has been the source of disputes and uncertainty.

Conditions of Service

To qualify a veteran for benefits, they must demonstrate that their disability or illness is linked to service. This is known as showing "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. Veterans with other conditions 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 with a specific event that occurred during their time in the military.

A preexisting medical problem could also be service-connected in the case that it was aggravated by active duty and not due to the natural progression of the disease. It is advisable to provide a doctor's report that explains that the deterioration of the condition was due to service, not just the natural development of the disease.

Certain illnesses and injuries are believed to have been caused or aggravated by service. They are known as "presumptive diseases." This includes exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in Prisoners of War, as well as numerous Gulf War conditions. Certain chronic diseases and tropical illnesses are also believed to have been caused or caused by service. These include AL amyloidosis, chloracne or other acne-related disorders Porphyria Cutanea Tighta, tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. For more information on these probable conditions, click here.

Appeal

The VA has a system for appealing their decision to grant or deny benefits. The first step is to file a Notice of Disagreement. The VA-accredited attorney you have chosen will file this 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 would like a more thorough review of your case.

There are two routes to an upscale review one of which you should consider carefully. You can request a personal meeting with the Decision Review Officer at your local office. The DRO will conduct a de novo (no review is given to prior decisions) review and either reverse the earlier decision or uphold it. You may or not be allowed to submit new evidence. The alternative is to request a hearing before an treasure island veterans disability lawsuit Law Judge at the Board of byron veterans disability attorney' Appeals in Washington, D.C.

It is essential to discuss these aspects with your lawyer who is accredited by the VA. They will have experience and know the best option for your case. They are also aware of the difficulties faced by disabled veterans and can help them become a stronger advocate on your behalf.

Time Limits

You can claim compensation if you suffer from a disability that you acquired or worsened while serving in the military. You'll need to be patient while the VA evaluates and makes a decision on your application. It could take as long as 180 days after the claim has been filed before you are given a decision.

Many factors can influence how long it takes the VA to determine your claim. The speed at which your application will be evaluated is largely determined by the quantity of evidence that you submit. The location of the field office that is responsible for your claim can also influence how long it will take for the VA to review your claim.

Another factor that can impact the time it takes for your claim to be processed is how often you contact the VA to check the status of your claim. You can accelerate the process by providing all evidence as fast as you can, and providing specific information about the medical center you use, and providing any requested details.

If you believe that there was a mistake in the decision on your disability, you are able to request a more thorough review. You'll have to submit all the facts of your case to an experienced reviewer, who can determine whether there an error in the initial decision. The review doesn't include any new evidence.