How to File a Veterans Disability Claim

A veteran's disability claim is an essential part of their benefit application. Many veterans are eligible for tax-free income when their claims are granted.

It's no secret that VA is a long way behind in processing disability claims for veterans. It can take months or even years for a decision to be made.

Aggravation

Veterans could be qualified for disability compensation if their condition was aggravated by their military service. This type of claim can be either mental or physical. A VA lawyer who is qualified can assist a former military member submit an aggravated disabilities claim. A claimant must prove using medical evidence or an independent opinion, that their medical condition prior to service was made worse through active duty.

A physician who is an expert in the condition of the veteran will be able to provide an independent medical opinion proving the seriousness of the pre-service condition. In addition to the doctor's opinion in addition, the veteran will need to submit medical records as well as lay statements from family or friends who can testify to the severity of their pre-service condition.

In a claim for a disability benefit for veterans, it is important to be aware that the aggravated condition must differ from the original disability rating. An attorney who is a disability attorney can help an ex-servicemember on how to provide the proper medical evidence and testimony to prove that their original condition was not just aggravated by military service, but actually worse than it would have been without the aggravating factor.

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

Service-Connected Terms

To be eligible for benefits, veterans must show that his or her disability or illness was caused by service. This is called showing "service connection." Service connection is granted automatically for certain ailments, like Ischemic heart disease or another cardiovascular conditions that develop because of specific amputations connected to service. For other conditions, such as PTSD kenai oak brook veterans disability law firm Disability lawsuit (https://vimeo.Com/) have to present lay evidence or testimony from those who knew them during the military to prove their condition to an specific incident that took place during their time of service.

A pre-existing medical problem can be a result of service if it was aggravated due to active duty service and not as a natural progression of disease. The most effective way to establish this is by submitting a doctor's opinion that states that the aggravation was due to service and not the normal progression of the condition.

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

Appeal

The VA has a procedure to appeal their decision to grant or deny benefits. The first step is filing a Notice of Disagreement. If your lawyer who is accredited by the VA does not complete this task for you, you are able to complete it on your own. This form is used to tell the VA that you are not satisfied with their decision and that you'd like to have a more thorough review of your case.

You have two options for an additional level review. Both 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 review is given to the previous decisions) review and either reverse the earlier decision or maintain it. You may or not be allowed to submit new evidence. The other option is to request a hearing before a Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.

It's important to discuss all of these factors with your lawyer who is accredited by the VA. They will have experience in this area and will know what is the most appropriate option for your particular case. They are also aware of the difficulties faced by disabled veterans and can be an effective advocate on your behalf.

Time Limits

You can claim compensation if you have a disability that you acquired or worsened in the course of serving in the military. You'll need to be patient while the VA reviews and decides on your claim. It could take up to 180 calendar days after filing your claim before you get a decision.

Many factors can influence how long it takes the VA to make a decision on your claim. The amount of evidence you submit is a significant factor in how quickly your claim is reviewed. The location of the VA field office that will be reviewing your claim will also affect the time it takes to review your claim.

Another aspect that could affect the length of time it takes your claim to be processed is the frequency at which you contact the VA to check on the progress of your claim. You can accelerate the process by sending all documentation as quickly as possible, providing specific details about the medical care facility you use, and providing any requested details.

If you think there has been a mistake in the determination of your disability, you can request a higher-level review. You will need to submit all the facts of your case to an experienced reviewer, who can determine whether there an error in the original decision. But, this review will not include any new evidence.