How to File a Veterans Disability Claim

A veteran's disability claim is a crucial part of their benefit application. Many leon valley Veterans disability lawyer who have their claims accepted receive additional monthly income that is tax-free.

It's not a secret that the VA is way behind in the process of processing disability claims made by veterans. The decision could take months or even years.

Aggravation

Veterans may be qualified for disability compensation if their condition was made more difficult by their military service. This type of claim is referred to as an aggravated disability and can be either physical or Glen Ellyn veterans disability law firm mental. A VA lawyer who is competent can help an ex-military person make an aggravated disability claim. A claimant needs to prove either through medical evidence or unbiased opinions that their pre-service condition was made worse by active duty.

Typically the best way to demonstrate that a pre-service condition was aggravated is to obtain an independent medical opinion by an expert physician who is knowledgeable about the disabled veteran. In addition to the doctor's opinion, the veteran must also provide medical records and the lay statements of family or friends who attest to their pre-service condition.

In a claim for a disability benefit for norcross veterans disability law firm, it is important to be aware that the aggravated condition must differ from the original disability rating. Disability lawyers can help a former servicemember provide enough medical evidence and testimony to establish that their original condition wasn't just aggravated by military service, but was also more severe than it would have been if the aggravating factor hadn't been present.

In addressing this issue, VA is proposing to change the two "aggravation" standards contained in its regulations 38 CFR 3.306 and 3.310. The difference in the wording of these provisions has created confusion and controversies regarding the claims process. Specifically, the incongruent use of phrases such as "increase in disability" and "any increase in severity" is the cause of disputes and uncertainty.

Service-Connected Terms

For a veteran to qualify for benefits, they have to prove that their condition or illness is related to service. This is known as proving "service connection." For certain conditions, like ischemic heart disease or other cardiovascular diseases that develop as a result of specific service-connected amputations, service connection is granted automatically. For other conditions, like PTSD veterans have to present lay evidence or testimony from those who knew them during the military, to link their illness to a specific incident that occurred during their service.

A pre-existing medical condition could be service-related in the event that it was aggravated by active duty and not as a natural progression of disease. It is best to provide the doctor with a report explaining that the aggravation of the condition was caused by service, and not the natural progress of the disease.

Certain illnesses and injuries are believed to have been caused or worsened by service. These are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans, radiation exposure in Prisoners of War and various Gulf War conditions. Certain chronic diseases and tropical diseases are believed to have been caused or caused by military service. These are AL amyloidosis and chloracne as well as other acneform diseases such as porphyria cutanea tarda tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. Click here to learn more about these probable diseases.

Appeals

The VA has a system to appeal their decision on whether or not to grant benefits. The first step is to make a notice of disagreement. If your VA-accredited lawyer will not take this step for you, you are able to do it yourself. This form is used by the VA to let them know that you do not agree with their decision, and would like a more thorough review of your case.

There are two options available for a higher level review. Both should be considered carefully. You can request a private meeting with an official from the Decision Review Office at your local office. The DRO will conduct a review de novo (no deference to the decision made previously) and either reverse or confirm the earlier decision. You may be able or not be required to present new evidence. You can also request a hearing before a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It is essential to discuss these aspects with your VA-accredited lawyer. They'll have experience and know the best option for your case. They also know the issues faced by disabled veterans and can be more effective advocates for you.

Time Limits

If you suffer from a condition that was incurred or worsened in the military, you can file a claim and receive compensation. However, you'll need patient when it comes to the process of taking a look at and deciding on your claim. You may need to wait up to 180 calendar days after filing your claim before you get a decision.

There are a variety of factors that influence how long the VA takes to make an informed decision on your claim. How quickly your claim will be evaluated is largely 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.

Another factor that can affect the time it takes for your claim to be processed is the frequency at which you contact the VA to check the status of your claim. You can speed up the claim process by sending all documentation as quickly as you can, including specific details regarding the medical facility you use, as well as sending any requested information.

You can request a more thorough review if you believe the decision based on your disability was incorrect. You will need to submit all the details of your case to a knowledgeable reviewer, who can determine whether there an error in the original decision. However, this review cannot contain new evidence.