How to File a Veterans Disability Claim

A veteran's disability claim is a crucial part of their benefit application. Many veterans who have their claims approved receive an additional monthly income which is tax-free.

It's not a secret that the VA is a long way behind in the process of processing disability claims from veterans. The process can take months or even years.

Aggravation

A veteran might be able to claim disability compensation for a condition that was caused by their military service. This kind of claim is known as an aggravated disability. It can be either mental or physical. A VA lawyer who is qualified can assist an ex-military member make an aggravated disability claim. A claimant must demonstrate, Vimeo through medical evidence or unbiased opinions that their pre-service condition was aggravated due to active duty.

Typically the best way to demonstrate that a condition prior to service was aggravated is to get an independent medical opinion from a physician who specializes in the disabled veteran. In addition to a doctor's report the veteran will also be required to provide medical records and lay statements from family or friends who can attest to the extent of their pre-service injuries.

In a claim for a disability benefit for hays veterans disability lawsuit it is important to be aware that the aggravated condition has to be different from the original disability rating. A disability lawyer can help a former servicemember provide enough medical evidence and testimonies to prove that their original condition wasn't only aggravated due to military service but was also more severe 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 differing language used in these regulations has caused confusion and disagreement during the claims process. The inconsistent use of words such as "increased disability" and "any increased severity" have been the root of litigation.

Service-Connected Terms

To qualify for benefits, veterans disability attorney must show that the cause of their condition or disability 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 because of specific service-connected amputations. For other conditions, like PTSD veterans are required to provide the evidence of laypeople or those who knew them during the military to prove their illness to a specific incident that occurred during their service.

A pre-existing medical condition can be a result of service if it was aggravated due to active duty service and not as a natural progression of disease. The best way to prove this is to present the opinion of a doctor that the ailment was due to service and not the normal progression of the disease.

Certain injuries and illnesses can be thought to be caused or aggravated due to service. They are known as "presumptive illnesses." These include exposure to Agent Orange for Vietnam and Korean veterans exposure to radiation in prisoner of war, and Vimeo different Gulf War conditions. Certain chronic illnesses and tropical diseases are presumed to have been resulted or aggravated by military service. This includes AL amyloidosis as well as other acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis Tuberculosis and Diabetes Mellitus Type 2. For more information about these presumptive conditions, click here.

Appeals

The VA has a procedure for appeals to appeal their decision regarding whether or not to award benefits. The first step is to file a Notice of Disagreement. Your VA-accredited attorney is likely to file this on your behalf however, if not, you may file it yourself. 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 paths to an upscale review one of which you should consider carefully. You can request a personal meeting with a Decision Review Officer at your local office. The DRO will conduct a review de novo (no deference given to the earlier decision) and either reverse or affirm the earlier decision. It is possible that you will be able not be required to present new evidence. You can also request a hearing before an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It's important to discuss these aspects with your lawyer who is accredited by the VA. They'll have expertise in this field and know the best option for your specific case. They are also aware of the challenges faced by disabled veterans and can be a stronger advocate on your behalf.

Time Limits

You can seek compensation if you have an impairment that you acquired or worsened during your time in the military. You'll need to be patient while the VA evaluates and makes a decision on your claim. You may need to wait up to 180 calendar days after filing your claim before receiving an answer.

There are many factors that influence how long the VA takes to make an decision on your claim. The speed at which your application will be considered is mostly determined by the amount of evidence you submit. The location of the VA field office that will be reviewing your claim can also influence the length of time required to review.

The frequency you check in with the VA regarding the status of your claim could influence the time it takes to complete the process. You can help speed up the process by submitting your evidence as soon as possible, being specific in your information regarding the addresses of the medical care facilities you use, and submitting any requested information as soon as it's available.

You can request a more thorough review if it is your opinion that the decision you were given regarding your disability was not correct. You will need to submit all the facts regarding your case to a knowledgeable reviewer, who will determine whether there was a mistake in the original decision. However, this review can't include new evidence.