How to File a Veterans Disability Claim

A veteran's disability claim is a critical part of his or her benefit application. Many Summerville Veterans Disability Attorney are eligible for tax-free income after their claims are approved.

It's no secret that the VA is a long way behind in processing disability claims for veterans. The process can take months or even years.

Aggravation

Veterans could be eligible for disability compensation in the event that their condition was aggravated due to their military service. This kind of claim can be physical or mental. A VA lawyer who is certified can assist an ex-military person submit an aggravated disabilities claim. A claimant must show through medical evidence or independent opinions that their pre-service medical condition was made worse due to active duty.

Typically the best way to prove that a pre-service condition was made worse is by obtaining an independent medical opinion from an expert physician who is knowledgeable about the veteran's disability. In addition to the doctor's statement the veteran must also submit medical records and statements from relatives or friends who attest to their pre-service condition.

It is vital to remember in a claim for a disability benefit for veterans that the conditions that are aggravated must be different from the original disability rating. An attorney for disability can guide an ex-servicemember on how they can provide enough medical evidence and proof that their original condition was not just aggravated through military service, but was worse than it would have been without the aggravating factor.

In addressing this issue VA is proposing to align the two "aggravation" standards within its regulations - 38 CFR 3.306 and 3.310. The different language of these provisions has created confusion and disagreement regarding the claims process. The inconsistent use of words such as "increased disability" and "any increased severity" have been the source of litigation.

Service-Connected Conditions

To qualify a veteran for benefits, they must prove that their condition or illness is related to their service. This is known as "service connection." Service connection is automatically granted for certain conditions, such Ischemic heart diseases and other cardiovascular disease that develops as a result specific amputations connected to service. oakland veterans disability lawyer suffering from other conditions such as PTSD, must provide lay testimony or evidence from people who knew them during their time in the military to connect their condition to a specific event that occurred during their military service.

A preexisting medical condition could be service-related in the case that it was aggravated by active duty and not due to the natural progression of the disease. It is recommended to present the doctor with a report explaining that the aggravation of the condition was caused by service, not just the natural progress of the disease.

Certain injuries and illnesses can be presumed to be caused or aggravated by service. They are known as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans and radiation exposure in Prisoners of war, and numerous Gulf War conditions. Certain chronic diseases and tropical diseases are also suspected to have been resulted or aggravated by military service. They include AL amyloidosis or chloracne, other acneform diseases and porphyria cutsanea tarda tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. Click here for more information about these probable diseases.

Appeals

The VA has a procedure to appeal their decision to award or deny benefits. The first step is filing a Notice of Disagreement. If your VA-accredited lawyer does not complete this task for you, then you can complete it on your own. This form is used to inform the VA you disagree with their decision and you would like a more thorough review of your case.

There are two paths to an upper-level review one of which you should consider 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 appeal (no deference to the earlier decision) and either reverse or confirm the earlier decision. You may or may not be able submit new evidence. You can also request an appearance before an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

There are a variety of factors that go into choosing the most effective route for your appeal, so it's essential to discuss these issues with your VA-accredited attorney. They're experienced in this field and know what makes sense for your particular case. They are also familiar with the difficulties faced by disabled veterans which makes them more effective advocates for you.

Time Limits

If you have a disability that was caused or aggravated during military service, then you may file a claim to receive compensation. It is important to be patient as the VA reviews and decides on your claim. You may need to wait up to 180 calendar days after submitting your claim to receive an answer.

Many factors can influence the time it takes for VA to decide on your claim. How quickly your application will be reviewed is largely determined by the amount of evidence you provide. The location of the VA field office which will be reviewing your claim will also affect the length of time required to review.

Another aspect that could affect the time it takes for your claim to be processed is the frequency at which 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, and providing specific information about the medical facility you use, as well as sending any requested details.

You may request a higher-level review if you believe the decision based on your disability was wrong. This means that you submit all the relevant facts of your case to a senior reviewer who can determine whether there was a mistake in the original decision. The review doesn't include any new evidence.