How to File a Veterans Disability Claim

A veteran's disability claim is an important part of their benefit application. Many veterans get tax-free income when their claims are accepted.

It's not secret that VA is behind in the processing of claims for disability from veterans. The decision could take months or even years.

Aggravation

Winter Park Veterans Disability Lawsuit may be eligible for disability compensation if their condition was aggravated by their military service. This type of claim could be physical or mental. A qualified VA lawyer can assist the former soldier to file an aggravated disability claim. A claimant must demonstrate, through medical evidence or independent opinions that their condition prior to service was made worse by active duty.

Typically the best way to prove that a pre-service issue was aggravated is to obtain an independent medical opinion from an expert doctor who is specialized in the condition of the veteran. In addition to the physician's statement, the veteran must also submit medical records and statements from relatives or friends who can attest to their pre-service condition.

It is essential to note in a claim to be disabled by a veteran that the aggravated conditions must differ from the original disability rating. A disability lawyer can help an ex-servicemember present enough medical evidence and witness to establish that their original condition wasn't simply aggravated because of military service, however, it was much worse than what it would have been if the aggravating factor had not been present.

In order to address this issue VA proposes to re-align the two "aggravation" standards within its regulations 38 CFR 3.306 and 3.310. The difference in the wording of these provisions has caused confusion and disagreement in the claims process. The incongruent use phrases like "increased disability" and "any increased severity" have been the source of litigation.

Service-Connected Terms

To be eligible for benefits, they have to prove that their disability or illness is linked to service. This is referred to as "service connection." Service connection is automatically granted for certain ailments, like Ischemic heart diseases and other cardiovascular diseases that develop due to specific amputations linked to service. For other conditions, like PTSD veterans have to present the evidence of laypeople or people who knew them in the military, to link their condition to a specific incident that took place during their time in service.

A pre-existing medical condition could be service-related if it was aggravated because of active duty and not due to the natural progression of disease. The best way to demonstrate this is to provide an opinion from a doctor that states that the ailment was due to service and not the normal progression of the condition.

Certain ailments and injuries are presumed to have been caused or aggravated by service. These are called "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean converse veterans disability attorney and radiation exposure in Prisoners of war, and other Gulf War conditions. Certain chronic illnesses and tropical diseases are also believed to have been resulted or aggravated by military service. This includes AL amyloidosis and various acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis Tuberculosis and diabetes Mellitus Type 2. For more details on these presumptive diseases, click here.

Appeal

The VA has a process to appeal their decision on the issue of whether or not to grant benefits. The first step is to make a notice of disagreement. If your VA-accredited lawyer will not handle this for you, then you're able to do it yourself. This form is used to inform the VA you disagree with their decision and you would like a more thorough review of your case.

You have two options for an additional level review. Both options should be carefully considered. One is to request a hearing with an officer from the Decision Review Office at your regional office. The DRO will conduct an in-person (no consideration is given to previous decisions) review and either reverse the earlier decision or confirm the decision. You may be able or not required to provide new proof. Another option is to request a hearing with a Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

It's important to discuss all of these factors with your VA-accredited lawyer. They'll have experience in this field and know what makes the most sense for your specific case. They also understand the challenges faced by disabled veterans and can help them become an effective advocate for you.

Time Limits

You can seek compensation if you suffer from an illness that you developed or worsened in the course of serving in the military. It is important to be patient as the VA examines and decides on your application. It could take up 180 days after the claim has been filed before you are given a decision.

There are many factors that can affect how long the VA will take to reach a decision on your claim. How quickly your claim will be considered is mostly determined by the amount of evidence you have submitted. The location of the field office that is responsible for your claim will also affect the time it takes 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 its progress. You can accelerate the process of filing a claim by sending all documentation as quickly as you can. You should also provide specific details regarding the medical center you use, and sending any requested details.

You may request a higher-level review if you believe that the decision made on your disability was wrong. You'll need to provide all the facts regarding your case to an experienced reviewer, who will determine whether there an error in the initial decision. This review doesn't contain any new evidence.