How to File a Veterans Disability Claim

A veteran's disability claim is an important part of his or [Redirect-Meta-0] her benefit application. Many paris veterans disability attorney who have their claims accepted receive additional monthly income which is tax-free.

It's no secret that VA is a long way behind in processing disability claims made by veterans. The decision could take months or even years.

Aggravation

Veterans may be entitled to disability compensation if their condition was aggravated due to their military service. This type of claim can be physical or mental. A VA lawyer who is qualified can help an ex-military personnel to file a claim for aggravated disabilities. The claimant must demonstrate through medical evidence or independent opinions, that their medical condition prior to service was made worse by active duty.

Typically, the most effective way to prove that a condition prior to service was aggravated is to get an independent medical opinion by a physician who specializes in the veteran's disability. In addition to a physician's declaration in addition, the veteran will have to submit medical records and lay assertions from family or friends who can testify to the severity of their pre-service condition.

It is vital to remember when submitting a claim for disability benefits for veterans that the aggravated conditions 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 only aggravated due to military service however, it was much worse than it would have been had the aggravating factor wasn't present.

In order to address this issue VA is proposing to align the two "aggravation" standards contained in its regulations 38 CFR 3.306 and 3.310. The differing language used in these provisions has caused confusion and controversy during the claims process. Specifically, the incongruent use of phrases such as "increase in disability" and "any increase in severity" is the cause of litigation and confusion.

Service-Connected Terms

To be eligible for benefits, vimeo they must demonstrate that their condition or illness is related to their service. This is known as "service connection." For certain conditions, such as ischemic heart disease, or other cardiovascular diseases that manifest because of service-connected amputations, service connection is automatically granted. For other conditions, such as PTSD, veterans must provide lay evidence or testimony from people who were their friends in the military, to connect their illness to a specific incident that took place during their time of 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 just the natural progression of disease. The most effective method to prove this is to present the doctor's opinion that the aggravation was due to service and not just the normal development of the condition.

Certain illnesses and injuries may be believed to be caused or aggravated due to treatment. They are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans and radiation exposure among Prisoners of War and various Gulf War conditions. Certain chronic diseases and tropical diseases are thought to be aggravated or caused by military service. These include AL amyloidosis, chloracne or other acneform diseases, porphyria cutanea tarda, tuberculosis, multiple sclerosis and diabetes mellitus type 2. Click here for more information about these presumptive illnesses.

Appeals

The VA has a system 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 take this step for you, you are able to complete the process on your own. This form is used to inform the VA you disagree with their decision and that you'd like a higher-level analysis of your case.

There are two options to request a more thorough review. Both options should be considered carefully. One is to request a hearing with a Decision Review Officer at your regional office. The DRO will conduct a de novo (no review is given to prior decisions) review and either reverse the previous decision or affirm it. You may be required or not be required to present new evidence. The other option is to request an appointment before an port Jervis veterans disability Lawyer Law Judge from the Board of Veterans' Appeals in Washington, D.C.

There are many aspects to consider when selecting the most appropriate route for your appeal, and it is important to discuss these with your attorney who is accredited by the VA. They have experience and know the best option for your case. They are also aware of the challenges that disabled veterans face and can be a better advocate for you.

Time Limits

If you suffer from a condition that was caused or aggravated during military service, you could file a claim in order to receive compensation. You'll have to be patient while the VA examines and decides on your claim. It may take up to 180 days after the claim has been filed before you get a decision.

There are a variety of factors that can affect how long the VA will take to reach a decision on your claim. The speed at which your claim will be evaluated is largely determined by the amount of evidence you provide. The location of the field office that is responsible for your claim will also affect how long it takes for the VA to review your claims.

The frequency you check in with the VA regarding the status of your claim could also affect the time it takes to finish the process. You can help speed up the process by submitting proof promptly by being specific with your details regarding the address of the medical care facilities that you use, and sending any requested information when it becomes available.

You can request a higher level review if you feel that the decision made on your disability was unjust. You'll need to provide all the facts of your case to an experienced reviewer, who will decide whether there was a mistake in the original decision. However, this review cannot include new evidence.