How to File a Veterans Disability Claim

The claim of a veteran for disability is a key component of the application process for benefits. Many veterans receive tax-free income after their claims are approved.

It's no secret that VA is behind in the processing of claims for disability from veterans. A decision can take months or even years.

Aggravation

Veterans could be eligible for disability compensation in the event that their condition was caused by their military service. This kind of claim can be mental or [Redirect-301] physical. A VA lawyer who is certified can assist a former military member to file a claim for aggravated disabilities. A claimant needs to prove 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 obtain an independent medical opinion from an expert doctor who is specialized in the condition of the veteran. In addition to the doctor's report, the veteran is required to submit medical records as well as statements from family members or friends who attest to their pre-service condition.

In a veterans disability claim it is essential to remember that the aggravated condition must differ from the original disability rating. Disability lawyers can help an ex-servicemember present enough medical evidence and testimony to establish that their original condition wasn't just aggravated due to military service, but it was worse than what 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 in its regulations - 38 CFR 3.306 and 3.310. The different wording in these provisions has led to confusion and disagreement during the claims process. Particularly, the inconsistent use of terms such as "increase in disability" and "any increase in severity" has been the source of disputes and uncertainty.

Service-Connected Terms

To qualify for benefits, a veteran must prove that the cause of their condition or disability was caused by service. This is called showing "service connection." Service connection is automatically granted for certain conditions, such Ischemic heart disease or another cardiovascular diseases that develop due to specific amputations connected to service. For other conditions, veterans disability law firm like PTSD veterans are required to provide documents or evidence from people who knew them in the military, in order to connect their illness to a specific incident that took place during their service.

A preexisting medical issue could also be service-connected if it was aggravated by active duty and not by natural progress of the disease. It is advisable to provide an official report from a doctor that explains that the aggravation of the condition was due to service, not just the natural progression.

Certain injuries and illnesses are believed to have been caused or aggravated by the service. They are known as "presumptive illnesses." These include exposure to Agent Orange for Vietnam and Korean veterans as well as exposure to radiation for Prisoners of War, and different Gulf War conditions. Some chronic diseases and tropical diseases are also suspected to have been resulted or aggravated by military service. This includes AL amyloidosis as well as other acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis, Tuberculosis as well as Diabetes Mellitus Type 2. Click here for more information about these presumptive diseases.

Appeals

The VA has a procedure for appealing their decision to award or deny benefits. The first step is to file a Notice of Disagreement. If your VA-accredited lawyer will not do this for you, then you can complete the process on your own. This form is used by the VA to let them know that you do not agree with their decision and want a higher level review of your case.

There are two options for a more thorough review and both of them are options you should carefully consider. You can request a personal meeting with a Decision Review Officer in your local office. The DRO will conduct an in-person (no review of previous decisions) review and either reverse the earlier decision or uphold the decision. You may be able or not required to submit a new proof. Another option is to request an interview with an Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.

It's important to discuss these aspects with your VA-accredited attorney. They'll have experience and know what is best for your case. They are also aware of the challenges that disabled veterans disability lawsuit face which makes them an effective advocate for you.

Time Limits

If you suffer from a physical or mental impairment that was caused or aggravated during military service, then you can file a claim to receive compensation. But you'll have to be patient when it comes to the VA's process for taking a look at and deciding on the merits of your claim. It could take up to 180 days after the claim has been submitted before you get a decision.

There are many variables that can affect how long the VA takes to make an decision on your claim. The amount of evidence that you submit is a significant factor in the speed at which your claim is evaluated. The location of the field office handling your claim can also influence the time it takes for the VA to review your claim.

Another factor that can affect the time required for your claim to be processed is the frequency at which you contact the VA to check the progress of your claim. You can accelerate the process by submitting your evidence promptly by being specific with your address details for the medical care facilities you utilize, and providing any requested information as soon as it's available.

If you think there has been an error in the decision made regarding your disability, then you can request a higher-level review. You'll need to provide all the facts of your case to an experienced reviewer, who will determine whether there was a mistake in the initial decision. However, this review is not able to include any new evidence.