How to File a Veterans Disability Claim

The claim of a veteran for disability is a crucial component of the application process 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 processing disability claims for veterans. It can take months, even years, for a final decision to be made.

Aggravation

Veterans may be qualified for disability compensation if their condition was aggravated by their military service. This kind of claim is known as an aggravated disability. It can be either physical or mental. A VA lawyer who is competent can assist a former military member make an aggravated disability claim. A claimant must demonstrate either through medical evidence or independent opinions that their pre-service condition was aggravated due to active duty.

Typically the best way to demonstrate that a pre-service issue was aggravated is to get an independent medical opinion from an expert doctor who is specialized in the condition of the veteran. In addition to the doctor's opinion in addition, the veteran will need to submit medical records and lay assertions from family members or friends who can confirm the seriousness of their pre-service ailments.

In a veterans disability claim it is important to be aware that the condition being aggravated has to be distinct from the initial disability rating. A disability attorney can advise an ex-servicemember on how to provide the proper medical evidence and testimony to prove that their condition was not just aggravated by military service, but actually worse than it would have been without the aggravating factor.

VA proposes to revise its two "aggravation standards" in its regulations 38 CFR 3.306 and 3.310. The difference in the wording of these provisions has caused confusion and controversy in the claims process. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the cause of litigation.

Service-Connected Terms

For a veteran to qualify for benefits, they have to prove that their condition or illness is related to their service. This is referred to as "service connection." For certain conditions, such as ischemic heart disease or other cardiovascular diseases that manifest because of Amputations that are connected to service, the service connection is granted automatically. For other conditions, like PTSD, veterans must provide documents or evidence from people who were close to them in the military, to link their condition to an specific incident that took place during their time of service.

A preexisting medical condition could be a result of service in the case that it was aggravated by active duty and not caused by the natural progress of the disease. The best method to prove this is to present the doctor's opinion that the aggravation was due to service and not the normal progression of the disease.

Certain injuries and illnesses may be presumed to be caused or veterans disability law firms aggravated by treatment. These are called "presumptive illnesses." They include exposure to Agent Orange for Vietnam and Korean veterans disability law Firms exposure to radiation in Prisoners of War, as well as other Gulf War conditions. Some chronic illnesses and tropical diseases are also suspected to have been caused or aggravated from service. These are AL amyloidosis and chloracne as well as other acne-related diseases Porphyria Cutanea Tighta, tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. Click here to learn more regarding these presumptive diseases.

Appeal

The VA has a procedure to appeal their decision as to whether or not to grant benefits. The first step is to submit a Notice of Disagreement. If your VA-accredited lawyer does not handle this for you, you are able to do it on your own. This form is used by the VA to let them know that you are not satisfied with their decision and would like a more thorough review of your case.

There are two options to request a more thorough review. Both should be carefully considered. One is to request a private hearing with a Decision Review Officer from your regional office. The DRO will conduct a review de novo (no deference given to the previous decision) and either overturn or confirm the earlier decision. You may be able or not be required to present new evidence. You can also request an appointment with an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

There are a variety of aspects to consider when selecting the best route for your appeal, so it is important to discuss these issues with your VA-accredited attorney. They'll have experience and know what's best for your case. They are also aware of the challenges that disabled veterans face which makes them more effective advocates for you.

Time Limits

You can claim compensation if you have an illness that you developed or worsened in the course of serving in the military. However, you'll need to be patient with the VA's process for reviewing and veterans Disability law Firms deciding on your application. You could have to wait up to 180 calendar days after filing your claim to receive a decision.

There are many factors which can impact the length of time the VA takes to make an informed decision on your claim. How quickly your claim will be reviewed is largely determined by the volume of evidence you provide. The location of the field office responsible for your claim will also affect the time it will take for the VA to review your claim.

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 speed up the claim process by submitting all evidence as quickly as possible, providing specific details regarding the medical facility you use, and sending any requested information.

If you think there has been an error in the decision on your disability, you are able to request a more thorough review. You will need to submit all the details of your case to an experienced reviewer, who will decide whether there an error in the original decision. This review does not contain any new evidence.