How to File a Veterans Disability Claim

A veteran's disability claim is a crucial element of their benefit application. Many veterans who have their claims accepted receive additional income each month which is tax-free.

It's not a secret that VA is behind in the process of processing claims for disability by veterans. It could take months, even years, for a final decision to be made.

Aggravation

veterans disability attorney 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 either mental or physical. A qualified VA lawyer can assist the former service member to file an aggravated disability claim. A claimant must demonstrate either through medical evidence or independent opinions that their pre-service condition was made worse by active duty.

A doctor who is an expert in the disability of the veteran can offer an independent medical opinion that will demonstrate the severity of the condition prior to service. In addition to a doctor's statement, the veteran will also require medical records and lay declarations from family or friends who can confirm the severity of their pre-service condition.

In a veterans disability - tujuan.grogol.us write an article - claim it is important to keep in mind that the aggravated condition has to be distinct from the initial disability rating. A disability lawyer can assist the former service member provide sufficient medical evidence and testimony in order to show that their initial condition wasn't simply aggravated because of military service, but that it was more severe than what it would have been had the aggravating factor weren't present.

VA proposes to revise its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The differing wording of these provisions has led to confusion and controversies during the process of making claims. Particularly, the inconsistent use of phrases such as "increase in disability" and "any increase in severity" is the cause of litigation and confusion.

Service-Connected Conditions

To qualify for benefits, the veteran must prove that the cause of their condition or disability was caused by service. This is known as "service connection." For some diseases, such as ischemic heart disease or other cardiovascular diseases that manifest because of service-connected amputations, service connection is granted automatically. Veterans with other conditions such as PTSD are required to provide witness testimony or lay evidence from those who were their friends during their service to establish a connection between their condition to a specific event that occurred during their time in the military.

A pre-existing medical condition can be a result of service if it was aggravated by active duty and not as a natural progression of the disease. It is best to submit an official report from a doctor that explains that the aggravation of the condition was caused by service, and not the natural progression of the disease.

Certain injuries and illnesses are believed to have been caused or worsened by 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 other Gulf War conditions. Certain chronic diseases and tropical diseases are also believed to have been caused or aggravated from service. This includes AL amyloidosis and other acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis Tuberculosis and Veterans disability diabetes Mellitus Type 2. Click here for more details regarding these presumptive diseases.

Appeals

The VA has a system to appeal their decision as to whether or not to grant benefits. The first step is filing an appeal called a Notice of Disagreement. Your VA-accredited attorney will likely submit this form on your behalf but if not, you can do it yourself. This form allows you to inform the VA you disagree with their decision and you'd like a higher-level analysis of your case.

There are two options to request a more thorough review. Both should be considered carefully. One option is to request a personal hearing with an officer from the Decision Review Office at your regional office. The DRO will conduct a de novo (no consideration is given to the previous decisions) review and either overturn the earlier decision or maintain the decision. You may or not be allowed to submit new evidence. You may also request a hearing before an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

There are a variety of factors to consider when choosing the best lane for your appeal, and it's essential to discuss these options with your attorney who is accredited by the VA. They'll have experience in this field and know the best option for your particular situation. They also understand the challenges that disabled veterans face and can help them become a stronger advocate on your behalf.

Time Limits

If you suffer from a condition which was created or worsened during military service, you could file a claim in order to receive compensation. You'll need to be patient while the VA evaluates and makes a decision on your application. It could take as long as 180 days after your claim is filed before you receive an answer.

Many factors influence the time it takes for VA to decide on your claim. The speed at which your application will be considered is mostly determined by the quantity of evidence that you submit. The location of the VA field office which will be reviewing your claim will also affect the time it takes to review your claim.

Another factor that could affect the time it takes your claim to be processed is how often you contact the VA to inquire about its progress. You can speed up the process by sending all documentation as quickly as you can, including specific details regarding the medical care facility you use, as well as providing any requested details.

If you think there has been a mistake in the determination of your disability, you may request a higher-level review. You'll need to provide all the details of your case to a knowledgeable reviewer, who can determine whether there was a mistake in the initial decision. However, this review cannot include any new evidence.