How to File a Veterans Disability Claim

The claim of disability for a veteran is a crucial part of the application for benefits. Many veterans who have their claims accepted receive an additional monthly income that is tax-free.

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

Aggravation

A veteran could be eligible get disability compensation in the event of a condition that was caused by their military service. This kind of claim can be mental or physical. A VA lawyer who is certified can assist an ex-military member to file a claim for aggravated disabilities. A claimant must show, with medical evidence or independent opinions that their pre-service medical condition was aggravated by active duty.

Typically, the most effective method to prove that a pre-service condition was aggravated is through an independent medical opinion by a physician who specializes in the disabled veteran. In addition to a physician's declaration in addition, the veteran will require medical records and lay assertions from family or friends who can testify to the extent of their pre-service injuries.

In a veterans disability claim, it is important to remember that the condition that is aggravated must be distinct from the initial disability rating. An attorney who is a disability attorney can help an ex-servicemember on how they can provide enough 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 had it not been for the aggravating factor.

In addressing this issue VA is proposing to realign the two "aggravation" standards within its regulations - 38 CFR 3.306 and 3.310. The differences in the language of these provisions has created confusion and controversy during the process of filing claims. The incongruent use phrases like "increased disability" and "any increased severity" have been the source of litigation.

Service-Connected Terms

For a veteran to qualify for benefits, they must prove that their condition or illness is linked to service. This is known as "service connection." For some conditions, such as ischemic heart disease, or other cardiovascular diseases that arise due to specific services-connected amputations is granted automatically. For other conditions, like PTSD veterans are required to provide the evidence of laypeople or those who knew them during the military, in order to connect their illness to a specific incident that took place during their service.

A pre-existing medical condition could be a result of service in the case that it was aggravated because of active duty, and not the natural progression of the disease. The most effective way to establish this is by submitting the doctor's opinion that the ailment was due to service and not the normal progression of the disease.

Certain injuries and illnesses may be believed to be caused or aggravated due to service. They are known as "presumptive diseases." They include exposure to Agent Orange for Vietnam and Korean veterans as well as exposure to radiation for Prisoners of War, as well as different Gulf War conditions. Some chronic diseases and tropical illnesses are also believed to have been caused or triggered by service. This includes AL amyloidosis and various acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis Tuberculosis as well as Diabetes Mellitus Type 2. For more information about these presumptive diseases, click here.

Appeals

The VA has a system to appeal their decision as to whether or not they will grant benefits. The first step is to file a Notice of Disagreement. If your VA-accredited lawyer does not do this for you, then you can complete the process on your own. This form is used to inform the VA you disagree with their decision and you'd like to have a more thorough review of your case.

There are two ways to get a higher-level review that you should carefully consider. One is to request a personal hearing with a Decision Review Officer at your regional office. The DRO will perform an in-person (no consideration of previous decisions) review and either overturn the previous decision or affirm the decision. You may or vimeo not be allowed to submit new evidence. Another option is to request a hearing with an decatur veterans disability attorney Law Judge at the Board of Veterans' Appeals in Washington, D.C.

There are a variety of aspects to consider when selecting the most effective route for your appeal, and it's crucial to discuss these issues with your attorney who is accredited by the VA. They're experienced and know what is best for your situation. They are also aware of the difficulties that disabled bradenton veterans disability attorney face which makes them a stronger advocate for you.

Time Limits

If you have a disability that was incurred or worsened during your military service, you can file a claim and receive compensation. However, you'll need to be patient when it comes to the VA's process of reviewing and deciding on the merits of your claim. It could take up to 180 calendar days after filing your claim before you receive an answer.

There are many factors that influence how long the VA is able to make an assessment of your claim. The amount of evidence you submit will play a big role in the speed at which your application is reviewed. The location of the VA field office which will be evaluating your claim could also impact the length of time it takes.

Another aspect that could affect the time it takes for your claim to be processed is how often you contact the VA to inquire about its progress. You can speed up the claim process by providing all evidence as fast as possible, providing specific details about the medical care facility you use, as well as providing any requested information.

You may request a higher-level review if you believe the decision made on your disability was wrong. This means that you submit all the existing facts in your case to an experienced reviewer who will determine whether there was an error in the original decision. This review does not include any new evidence.