How to File a Veterans Disability Claim

A veteran's disability claim is a critical element of their benefit application. Many veterans disability Law Firms are eligible for tax-free income when their claims are granted.

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

Aggravation

A veteran may be able to receive compensation for disability due to the condition that was caused by their military service. This kind of claim is known as an aggravated disability. It could be either mental or physical. A VA lawyer who is competent can help an ex-military personnel to file a claim for aggravated disabilities. The claimant must demonstrate using medical evidence or independent opinions that their medical condition prior to service was aggravated through active duty.

Typically, the best way to prove that a pre-service condition was aggravated is through an independent medical opinion from an expert in the condition of the veteran. In addition to the doctor's report, the veteran must also submit medical records as well as statements from family members or friends who attest to their pre-service condition.

It is crucial to remember in a claim to be disabled by a veteran that the condition being aggravated has to be different than the original disability rating. A disability lawyer can guide a former servicemember on how they can provide enough medical evidence and evidence to show that their health condition was not merely aggravated by military service, but was worse than it would have been had it not been for the aggravating factor.

In order to address this issue, VA is proposing to change the two "aggravation" standards within its regulations - 38 CFR 3.306 and 3.310. The differing wording of these provisions has led to confusion and controversy during the process of claiming. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the source of litigation.

Conditions Associated with Service

To be eligible for benefits, they must demonstrate 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 or any other cardiovascular diseases that arise as a result specific service-connected amputations. veterans disability lawsuit suffering from other ailments such as PTSD, must provide the evidence of lay witnesses or from people who were close to them during their time in the military to connect their condition to a specific event that occurred during their time in the military.

A pre-existing medical issue can be a service-related issue in the case that it was aggravated because of active duty and not due to the natural progression of the disease. It is best to provide the doctor with a report explaining that the aggravation of the condition was due to service and not the natural development of the disease.

Certain illnesses and injuries are presumed to have been caused or aggravated due to service. These are referred to as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in prisoners of War, and other Gulf War conditions. Certain chronic diseases and tropical illnesses are also believed to have been aggravated or caused by service. These include AL amyloidosis or chloracne, other acne-related diseases Porphyria Cutanea Tighta, tuberculosis and multiple sclerosis and diabetes mellitus type 2. For more information on these presumptive conditions, visit here.

Appeal

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

There are two options available for a higher level review. Both options should be considered carefully. One option is to request a hearing with a Decision Review Officer at your regional office. The DRO will conduct an in-person (no review is given to previous decisions) review and either reverse the earlier decision or confirm it. You may or not be able to present new evidence. The other path is to request a hearing before a veterans disability law firms Law Judge from the Board of Veterans' Appeals in Washington, D.C.

There are a variety of factors that go into choosing the most effective route for your appeal, so it's crucial to discuss these issues with your attorney who is accredited by the VA. They're experienced and know the best option for your situation. They are also aware of the difficulties that disabled veterans face and can help them become a stronger advocate on your behalf.

Time Limits

If you suffer from a disability that was acquired or worsened during your military service, you can file a claim and receive compensation. It is important to be patient while the VA reviews and decides on your application. It could take up 180 days after the claim has been submitted before you get a decision.

There are a variety of factors that influence how long the VA will take to make an informed decision on your claim. The speed at which your claim will be evaluated is largely determined by the volume of evidence you submit. The location of the VA field office which will be reviewing your claim will also affect the length of time it takes.

Another aspect that could affect the time required for your claim to be processed is how often you contact the VA to check on the progress of your claim. You can speed up the process by submitting evidence as soon as you can by being specific with your information regarding the addresses of the medical care facilities you utilize, and providing any requested information immediately when it becomes available.

If you believe that there was a mistake in the decision on your disability, you may request a more thorough review. This involves submitting all the existing facts in your case to an experienced reviewer who will determine if there was an error in the initial decision. This review does not include any new evidence.