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How to File a Veterans Disability Claim

A veteran’s disability claim is an essential element of their benefit application. Many veterans who have their claims accepted receive a monthly income that is tax-free.

It’s not a secret that the VA is a long way behind in processing disability claims from veterans. It can take months or even years for a decision to be made.

Aggravation

A veteran may be able to claim disability compensation for a condition that was worsened by their military service. This type of claim can be either mental or physical. A competent VA lawyer can help the former soldier file an aggravated disability claim. The claimant must demonstrate by proving medical evidence or independent opinions that their medical condition prior to service was aggravated by active duty.

A doctor who is an expert on the disability of the veteran can offer an independent medical opinion that demonstrates the severity of the condition prior to service. In addition to a physician’s declaration the veteran will need to submit medical records and lay statements from family members or friends who can attest to the seriousness of their pre-service ailments.

It is vital to remember in a veterans disability claim that the aggravated conditions must be different from the original disability rating. A disability lawyer can assist an ex-servicemember present enough medical evidence and witness to prove that their previous condition wasn’t simply aggravated due to military service, however, it was much worse than what it would have been had the aggravating factor wasn’t present.

In addressing this issue VA is proposing to change the two “aggravation” standards in its regulations 38 CFR 3.306 and 3.310. The different language of these provisions has created confusion and disagreement in the process of claiming. The inconsistent use of words such as “increased disability” and “any increased severity” are the main cause of litigation.

Service-Connected Terms

To be eligible for benefits a veteran must prove that the cause of their disability or illness was caused by service. This is known as “service connection.” Service connection is automatically granted in certain circumstances, including Ischemic heart disease or another cardiovascular conditions that develop due to specific amputations that are connected to service. For other conditions, such as PTSD veterans have to present lay evidence or testimony from people who were close to them in the military, to connect their condition to a specific incident that took place during their time of service.

A preexisting medical condition may be a result of service when it was made worse by active duty and not by natural progression of the disease. It is advisable to provide an explanation from a doctor that the deterioration of the condition was due to service and not the natural progression.

Certain illnesses and injuries are presumed to have been caused or aggravated due to service. These are referred to as “presumptive diseases.” They include exposure to Agent Orange for Vietnam and Korean pelham veterans disability lawsuit exposure to radiation in prisoner of war, and different Gulf War conditions. Certain chronic diseases and tropical diseases are also thought to be resulted or aggravated by military service. These are AL amyloidosis or chloracne, other acne-related conditions and porphyria cutsanea tarda tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. For more information on these probable conditions, click here.

Appeals

The VA has a system for appealing their decision to award or deny benefits. The first step is to file a Notice of Disagreement. If your lawyer is certified by VA and does not do this for you, then you can complete it on your own. This form is used to notify the VA that you are not satisfied with their decision and that you would like a more thorough review of your case.

There are two options for an additional level review. Both options should be considered carefully. One option is to request a hearing with an officer from the Decision Review Office at your regional office. The DRO will conduct a de novo (no consideration is given to prior decisions) review and either reverse the previous decision or affirm it. You may or not be allowed to submit new evidence. You may also request an appearance before an los Altos hills veterans disability law Firm Law judge at the Board of Veterans’ Appeals, Washington D.C.

There are many factors to consider when choosing the most effective route for your appeal, and it’s crucial to discuss these options with your attorney who is accredited by the VA. They’ll have experience in this field and know what makes the most sense for your particular case. They are also aware of the difficulties that disabled berea veterans disability law firm face which makes them a stronger advocate on your behalf.

Time Limits

If you suffer from a condition that was incurred or worsened during military service, you can file a claim and receive compensation. You’ll need to wait as the VA examines and decides on your application. You could have to wait up to 180 calendar days after filing your claim before receiving a decision.

Numerous factors can affect how long it takes the VA to decide on your claim. How quickly your application will be considered is mostly determined by the amount of evidence you submit. The location of the VA field office which will be reviewing your claim will also affect how long it takes.

Another factor that can impact the time required for your claim to be processed is the frequency at which you contact the VA to check the status of your claim. You can accelerate the process by making sure to submit all evidence as swiftly as possible, providing specific information regarding the medical facility you use, and sending any requested information.

If you think there has been a mistake in the decision on your disability, then you can request a higher-level 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. However, this review can’t contain new evidence.