How to File a Veterans Disability Claim

A veteran's disability claim is an important element of their benefit application. Many veterans receive tax-free income when their claims are approved.

It's not a secret that the VA is a long way behind in processing disability claims for ogden veterans Disability lawyer. It can take months, even years, for a final decision to be made.

Aggravation

Veterans could be eligible for disability compensation if their condition was aggravated by their military service. This type of claim could be mental or physical. A VA lawyer who is competent can help an ex-military personnel file an aggravated disabilities claim. The claimant must demonstrate, with medical evidence or an independent opinion, that their medical condition prior to service was aggravated due to active duty.

Typically, the most effective method to prove that a pre-service issue was aggravated is to get an independent medical opinion by an expert physician who is knowledgeable about the disability of veterans. In addition to the physician's statement, the veteran must also provide medical records and lay statements from family or friends who attest to their pre-service condition.

It is important to note in a claim for a disability benefit for falfurrias veterans disability law firm that the conditions that are aggravated must be different than the original disability rating. A disability lawyer can help the former service member provide sufficient medical evidence and testimony in order to prove that their original condition wasn't simply aggravated because of military service, but that it was more severe than it would have been had the aggravating factor had not been present.

VA proposes to revise its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The different language of these provisions has created confusion and controversies in the process of claiming. The inconsistent use of terms such as "increased disability" and "any increased severity" are the main cause of litigation.

Service-Connected Conditions

For a veteran to qualify for benefits, they must show that their condition or illness is connected to service. This is known as proving "service connection." For some conditions, like Ischemic heart disease and other cardiovascular diseases that develop as a result of specific services-connected amputations is granted automatically. For other conditions, like PTSD the veterans must present witnesses or lay evidence from people who were their friends in the military to prove their illness to a specific incident that took place during their service.

A preexisting medical problem could also be service-connected in the case that it was aggravated through active duty and not through natural progress of the disease. The best method to prove this is to present a doctor's opinion that states that the ailment was due to service and not the normal progression of the condition.

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

Appeals

The VA has a procedure to appeal their decision to award or deny benefits. The first step is to submit a Notice of Dispute. If your lawyer who is accredited by the VA does not handle this for the client, then you must do it yourself. This form is used by the VA to inform them that you do not agree with their decision and would like a more thorough review of your case.

There are two routes to a higher-level review that you must carefully consider. One option is to request a private 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 overturn the earlier decision or uphold the decision. You might or may not be able to present new evidence. The other path is to request an interview before a Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

It is essential to discuss all of these factors with your lawyer who is accredited by the VA. They're experienced in this field and know what makes sense for your specific case. They are also familiar with the difficulties that disabled west linn veterans disability attorney face and their families, which makes them more effective advocates for you.

Time Limits

If you suffer from a disability which was created or worsened during military service, you can file a claim and receive compensation. You'll need to wait while the VA examines and decides on your application. You may have to wait up to 180 calendar days after submitting your claim before you receive an answer.

Many factors influence the time it takes for VA to consider your claim. How quickly your claim will be reviewed is largely determined by the volume of evidence you submit. The location of the field office that handles your claim can also influence how long it will take for the VA to review your claim.

The frequency you check in with the VA to see the status of your claim could affect the time it takes to finish the process. You can help accelerate the process by submitting your evidence as soon as possible, being specific in your address information for the medical facilities you utilize, and providing any requested information as soon as it's available.

If you believe that there was an error in the determination of your disability, you may request a more thorough review. You'll need to provide all the facts regarding your case to a knowledgeable reviewer, who can determine whether there an error in the initial decision. This review does not contain any new evidence.