How to File a Veterans Disability Claim

The claim of disability for a veteran is an important part of the application for benefits. Many veterans are eligible for tax-free income after their claims are approved.

It's not a secret that VA is behind in processing veteran disability claims. A decision can 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 is known as an aggravated disability. It can be either mental or physical. A VA lawyer who is competent can help an ex-military personnel submit an aggravated disabilities claim. The claimant must prove, through medical evidence or unbiased opinions that their condition prior to service was made worse by active duty.

Typically, the best way to demonstrate that a pre-service issue was aggravated is through an independent medical opinion by a physician who specializes in the disabled veteran. In addition to a physician's declaration the veteran will have to submit medical records and lay assertions from friends or family members who can testify to the severity of their pre-service conditions.

In a claim for disability benefits for altoona veterans disability lawyer it is important to note that the condition that is aggravated must differ from the original disability rating. An attorney for disability can guide a former servicemember on how to present sufficient medical evidence and testimony to prove that their original health condition was not merely aggravated by military service, but actually worse than it would have been without the aggravating factor.

In addressing this issue VA is proposing to change 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 disagreement in the claims process. Specifically, the incongruent usage of terms such as "increase in disability" and "any increase in severity" has been the cause of disputes and confusion.

Service-Connected Conditions

To be eligible for benefits, a veteran must prove that their condition or disability was caused by service. This is referred to as "service connection." For certain conditions, like Ischemic heart disease or other cardiovascular diseases that manifest due to specific Amputations that are connected to service, the service connection is automatically granted. fort meade veterans disability lawyer suffering from other conditions such as PTSD need to provide lay testimony or lay evidence from those who were their friends during their time in service to connect their condition with a specific event that occurred during their time in the military.

A preexisting medical problem could also be service-related when it was made worse through active duty and not caused by the natural progression of the disease. The most effective method to prove this is to present a doctor's opinion that states that the ailment was due to service, and not the normal progress of the condition.

Certain injuries and illnesses can be presumed to be caused or aggravated due to treatment. They are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in Prisoners of War and various Gulf War conditions. Certain chronic illnesses and tropical diseases are also believed to have been caused or aggravated by service. These include AL amyloidosis and chloracne as well as other acneform diseases, porphyria cutanea tarda, tuberculosis, multiple sclerosis and diabetes mellitus type 2. For more information on these probable conditions, click here.

Appeals

The VA has a system for appealing their decision to grant or deny benefits. The first step is to file an appeal called 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 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 ways to get a higher-level review and both of them are options you must carefully consider. One is to request a private hearing with a Decision Review Officer from your regional office. The DRO will perform a de novo (no consideration of previous decisions) review and either overturn the earlier decision or confirm the decision. You could or might not be able submit new evidence. You may also request an appearance before a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It is crucial to discuss these issues with your VA-accredited attorney. They have experience and will know the best route for your case. They also know the challenges that disabled veterans face and can be an ideal advocate for you.

Time Limits

You may be eligible for compensation if you suffer from a disability that you acquired or worsened while serving in the military. However, you'll need to be patient with the VA's process of review and deciding on the merits of your claim. It could take up to 180 days after the claim has been filed before you are given a decision.

There are many variables that can affect how long the VA will take to reach a decision on your claim. The speed at which your claim will be evaluated is largely determined by the quantity of evidence you have submitted. The location of the VA field office which will be reviewing your claim can also influence how long it takes.

The frequency you check in with the VA to see the status of your claim can influence the time it takes to finish the process. You can help accelerate the process by submitting your evidence whenever you can and being specific in your address details for the medical care facilities you use, and submitting any requested information immediately when it becomes available.

You can request a higher level review if you believe that the decision made on your disability was incorrect. You'll need to provide all the details of your case to a knowledgeable reviewer, who will determine whether there an error in the original decision. However, this review can't include new evidence.