How to File a Veterans Disability Claim

A veteran's disability claim is an essential element of their benefit application. Many veterans are eligible for tax-free income when their claims are accepted.

It's not a secret that the VA is a long way behind in processing disability claims from indiana veterans disability law firm. A decision can take months or even years.

Aggravation

Veterans could be qualified for disability compensation if their condition was caused by their military service. This type of claim can be either mental or physical. A VA lawyer who is certified can assist an ex-military personnel file an aggravated disabilities claim. A claimant has to prove 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 demonstrates the severity of the pre-service illness. In addition to a doctor's statement, the veteran will also be required to provide medical records as well as lay statements from friends or family members who can attest to the severity of their pre-service conditions.

In a claim for disability benefits for veterans it is essential to note that the condition that is aggravated must be different from the original disability rating. A disability attorney can advise a former servicemember on how to provide sufficient medical evidence and testimony to prove that their original condition was not only caused by military service, but actually worse than it would have been had it not been for the aggravating factor.

In addressing this issue, VA proposes to re-align the two "aggravation" standards in its regulations - 38 CFR 3.306 and 3.310. The differing wording of these provisions has caused confusion and debate regarding the claims process. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the root of litigation.

Conditions of Service

To be eligible for benefits veterans must prove the disability or illness was caused by service. This is referred to as "service connection." Service connection is granted automatically for certain conditions, like Ischemic heart diseases or any other cardiovascular disease that develops due to specific amputations connected to service. For other conditions, Vimeo.Com like PTSD veterans have to present lay evidence or testimony from those who knew them during the military to prove their condition with a specific incident that occurred during their time of service.

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

Certain injuries and illnesses can be attributed to or aggravated by service. They are known as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans and radiation exposure in Prisoners of War, as well as numerous Gulf War conditions. Some chronic illnesses and tropical diseases are also thought to be caused or worsened by military service. These are AL amyloidosis or chloracne, other acneform diseases, porphyria cutanea tarda, tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. Click here for more details about these presumptive diseases.

Appeals

The VA has a procedure for appeals for appealing their decision on whether or not to award benefits. The first step is to file a Notice of Disagreement. If your VA-accredited lawyer does not handle this for you, then you're able to do it on your own. This form is used by the VA to inform them that you are not satisfied with their decision and want a higher level review of your case.

There are two options to request higher-level review. Both options should be considered carefully. You can request a personal meeting with a Decision Review Officer at your local office. The DRO will conduct an in-person (no consideration of previous decisions) review and either overturn the earlier decision or maintain the decision. You could be able or not required to provide new proof. You may also request an appointment with a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

There are many factors to consider when choosing the best route for your appeal, and it is important to discuss these issues with your attorney who is accredited by the VA. They'll have expertise in this area and will know what makes the most sense for your particular case. They are also aware of the difficulties that disabled veterans face which makes them a stronger advocate for you.

Time Limits

If you suffer from a disability which was created or worsened in the military, you could file a claim in order to receive compensation. But you'll need to be patient when it comes to the process of taking a look at and deciding on your application. It could take as long as 180 days after your claim is filed before you receive a decision.

There are a variety of factors that affect the time the VA will take to make an decision on your claim. The amount of evidence submitted will play a major role in the speed at which your claim is evaluated. The location of the VA field office which will be reviewing your claim can also impact the length of time required to review.

How often you check in with the VA regarding the status of your claim can also affect the time it takes to process. You can accelerate the process of filing a claim by providing all evidence as fast as you can. You should also provide specific information regarding the medical care facility you use, as well as sending any requested details.

You can request a higher level review if you believe that the decision made on your disability was wrong. This involves submitting all the facts that exist in your case to an expert reviewer who can determine whether there was an error in the initial decision. However, this review is not able to include any new evidence.