How to File a Veterans Disability Claim

The claim of a veteran for disability is a crucial element of the application for benefits. Many veterans get tax-free income when their claims are approved.

It's no secret that VA is a long way behind in the process of processing disability claims for portsmouth veterans disability lawsuit. It could take months, even years, for a decision to be made.

Aggravation

Veterans may be eligible for disability compensation if their condition was caused by their military service. This type of claim may be physical or mental. A VA lawyer who is certified can help an ex-military member to file a claim for aggravated disabilities. A claimant has to prove through medical evidence or an independent opinion, that their medical condition prior to service was aggravated due to active duty.

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

It is essential to note when submitting a claim for disability benefits for Bonne Terre Veterans Disability Lawyer that the condition being aggravated has to be different from the original disability rating. A disability lawyer can guide the former service member on how they can provide enough medical evidence and testimony to prove that their condition was not only aggravated through military service, but actually worse than it would have been without the aggravating factor.

In order to address this issue, VA is proposing to change the two "aggravation" standards contained in its regulations - 38 CFR 3.306 and 3.310. The differing wording of these provisions has caused confusion and controversies in the claims process. Specifically, the incongruent usage of terms such as "increase in disability" and "any increase in severity" has been the source of disputes and confusion.

Conditions that are associated with Service

For a veteran to qualify for benefits, they must prove that their condition or illness is connected to service. This is referred to as "service connection." Service connection is granted automatically for certain conditions, like Ischemic heart disease or another cardiovascular diseases that develop because of specific amputations linked to service. For other conditions, like PTSD, veterans must provide the evidence of laypeople or those who knew them during the military, to connect their condition with a specific incident that occurred during their time in service.

A preexisting medical condition may also be service-related when it was made worse through active duty and not caused by the natural progression of the disease. It is best to submit an explanation from a doctor that the deterioration of the condition was caused by service, not just the natural progress of the disease.

Certain injuries and illnesses 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 veterans exposure to radiation in prisoner of war, and different Gulf War conditions. Certain chronic illnesses and tropical diseases are presumed to have been caused or aggravated by service. These are AL amyloidosis, chloracne, other acneform diseases Porphyria Cutanea Tighta, tuberculosis and multiple sclerosis and diabetes mellitus type 2. For more information about these presumptive conditions, visit here.

Appeal

The VA has a system to appeal their decision regarding the issue of whether or not to grant benefits. The first step is to file a Notice Of Disagreement. If your lawyer is certified by VA and does not take this step for the client, then you must do it on your own. This form is used to notify the VA that you are not satisfied with their decision and you want a higher-level review of your case.

There are two ways to get a higher-level review, both of which you should consider carefully. One option is to request a private hearing with the Decision Review Officer in your regional office. The DRO will conduct an de novo review (no deference given to the decision made previously) and then either reverse or uphold the earlier decision. You may be able or not be required to present new evidence. You may also request a hearing before a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

There are many aspects to consider when selecting the most effective route for your appeal, so it is important to discuss these issues with your VA-accredited attorney. They'll have expertise in this area and will know what is the most appropriate option for your particular situation. They are also familiar with the challenges that disabled veterans face, which makes them an ideal advocate for you.

Time Limits

You can apply for compensation if you suffer from a disability that was acquired or worsened in the course of serving in the military. But you'll have to be patient with the process of reviewing and deciding on your claim. You may need to wait up to 180 calendar days after submitting your claim before receiving an answer.

There are many variables that can affect how long the VA is able to make an assessment of your claim. How quickly your application will be reviewed is largely determined by the quantity of evidence you provide. The location of the VA field office who will review your claim will also affect the time it takes to review your claim.

Another factor that can impact the length of time it takes your claim to be processed is how often you contact the VA to check on the progress of your claim. You can accelerate the process by providing all evidence as fast as you can. You should also provide specific details about the medical facility you use, as well as sending any requested details.

You can request a higher level review if it is your opinion that the decision you were given regarding your disability was incorrect. This means that you submit all the relevant facts of your case to an expert reviewer who can determine whether there was an error in the initial decision. This review does not contain any new evidence.