How to File a Veterans Disability Claim

A veteran's disability claim is an important 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 not a secret that the VA is a long way behind in the process of processing disability claims from huntley veterans disability law firm. It can take months, even years for a determination to be made.

Aggravation

Veterans may be qualified for disability compensation if their condition was caused by their military service. This type of claim is called an aggravated disability. It can be mental or physical. A competent VA lawyer can help a former servicemember submit an aggravated claim. A claimant has to prove through medical evidence or independent opinions that their medical condition prior to service was made worse through active duty.

A doctor who is an expert on the disability of the veteran can offer an independent medical opinion that demonstrates the severity of the pre-service illness. In addition to a doctor's report, the veteran will also have to submit medical records and lay assertions from friends or family members who can attest to the seriousness of their pre-service ailments.

In a gunnison veterans disability lawyer disability claim, it is important to note that the condition being aggravated has to be distinct from the original disability rating. An attorney who is a disability attorney can help an ex-servicemember on how to provide sufficient medical evidence and testimony to establish that their condition was not only caused by military service, but was worse than it would have been without the aggravating factor.

VA proposes to change its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The different wording in these regulations has led to confusion and disagreement during the process of making claims. The inconsistent use of words such as "increased disability" and "any increased severity" have been the cause of litigation.

Service-Connected Conditions

To qualify for benefits, benbrook veterans disability law firm must prove his or her health or disability was caused by service. This is known as showing "service connection." Service connection is automatically granted for certain ailments, like Ischemic heart disease or another cardiovascular diseases that arise as a result specific amputations that are connected to service. Veterans with other conditions such as PTSD need to provide witness testimony or lay evidence from people who were close to them during their time in the military to connect their condition to an specific incident that occurred during their military service.

A pre-existing medical condition can be a service-related issue in the event that it was aggravated due to active duty service and not due to the natural progression of the disease. It is advisable to provide the doctor with a report explaining that the aggravation of the condition was caused by service, and not simply the natural progress of the disease.

Certain injuries and illnesses are believed to be caused or aggravated due to service. These are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in prisoners of War and other Gulf War conditions. Certain chronic diseases and tropical diseases are assumed to have been aggravated or triggered by service. This includes AL amyloidosis as well as other acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis, Tuberculosis and Diabetes Mellitus Type 2. Click here to learn more regarding these presumptive diseases.

Appeals

The VA has a procedure to appeal their decision to award or deny benefits. The first step is to submit a Notice of Disagreement. If your VA-accredited lawyer will not do this for the client, then you must do it yourself. This form is used 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 options for a more thorough review. Both options should be considered carefully. One is to request a hearing with an officer from the Decision Review Office at your regional office. The DRO will conduct a de novo (no review is given to prior decisions) review and either reverse the earlier decision or confirm it. You may be required or not required to provide new proof. Another option is to request a hearing with an Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.

There are many factors that go into choosing the most appropriate route for your appeal, and it's essential to discuss these with your VA-accredited attorney. They'll have experience and will know the best route for your situation. They also know the issues faced by disabled veterans and can be an effective advocate for you.

Time Limits

If you suffer from a condition that was caused or aggravated during your military service, you can file a claim and receive compensation. But you'll need to be patient during the VA's process of taking a look at and deciding on your application. It could take up to 180 days after your claim is submitted before you get an answer.

There are a variety of factors that can affect how long the VA will take to reach an informed decision on your claim. The amount of evidence that you submit will play a major role in how quickly your claim is evaluated. The location of the VA field office which will be evaluating your claim can also impact the time it takes to review your claim.

Another factor that can affect the time it takes your claim to be processed is the frequency at which 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, including specific details about the medical facility you use, and sending any requested details.

You could request a higher-level review if you feel that the decision made on your disability was not correct. This means that you submit all the facts that exist in your case to an expert reviewer who can determine if there was an error in the original decision. However, this review is not able to include any new evidence.