How to File a Veterans Disability Claim

The claim of a veteran for disability is a vital part of the application for benefits. Many veterans who have their claims approved receive a monthly income that is tax-free.

It's not secret that VA is behind in the processing of claims for disability from veterans. It can take months, even years for a determination to be made.

Aggravation

Veterans could be eligible for disability compensation if their condition was aggravated due to their military service. This type of claim can be mental or physical. A competent VA lawyer can help a former servicemember file an aggravated disability claim. A claimant has to prove, through medical evidence or unbiased opinions that their pre-service condition was made worse by active duty.

A physician who is an expert in the condition of the veteran can provide an independent medical opinion proving the severity of the pre-service condition. In addition to a doctor's report, the veteran will also be required to provide medical records and lay declarations from family or friends who can attest to the seriousness of their pre-service ailments.

It is important to note in a claim for a disability benefit for crowley veterans disability law firm 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 testimonies to prove that their previous condition wasn't simply aggravated due to military service, but it was worse than it would have been had the aggravating factor weren't present.

VA proposes to revise its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The differing language in these regulations has led to confusion and controversies during the claims process. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the source of litigation.

Conditions that are associated with Service

In order for a veteran to be eligible for veterans disability benefits, they have to prove that their condition or illness is related to service. This is referred to as "service connection." Service connection is granted automatically for certain conditions, like Ischemic heart disease or another cardiovascular diseases that develop as a result specific service-connected amputations. Veterans suffering from other conditions like PTSD, must provide lay testimony or evidence from those who were their friends during their time in the military to connect their condition to an specific event that occurred during their military service.

A preexisting medical condition could also be service-related in the case that it was aggravated by their active duty service and not through natural progress of the disease. It is best to submit the doctor with a report explaining that the deterioration of the condition was due to service, not just the natural progression.

Certain illnesses and injuries may be thought to be caused or aggravated because of service. These are referred to as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans and radiation exposure among Prisoners of War, as well as other Gulf War conditions. Certain chronic illnesses and tropical diseases are thought to be resulted or aggravated by military service. This includes AL amyloidosis and various acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis Tuberculosis and Diabetes Mellitus Type 2. Click here for more information about these presumptive diseases.

Appeal

The VA has a system for appealing their decision on whether or not they will grant benefits. The first step is to file a Notice of Disagreement. Your VA-accredited attorney will likely submit this form on your behalf however if not, you can do it yourself. This form is used by the VA to let them know that you are not satisfied with their decision and you would like a higher-level review of your case.

There are two routes to an upscale review, both of which you should consider carefully. One is to request a hearing with an officer from the Decision Review Office at your regional office. The DRO will perform a de novo (no consideration is given to the previous decisions) review and either reverse the earlier decision or confirm it. You could or might not be allowed to submit new evidence. You may also request a hearing before a Veterans Law judge at the Board of sioux falls veterans disability law Firm' Appeals, Washington D.C.

There are many aspects to consider when selecting the best lane for your appeal, so it's important to discuss these issues with your attorney who is accredited by the VA. They'll have experience in this area and will know what makes sense for your specific case. They are also aware of the difficulties faced by disabled veterans which makes them more effective advocates for you.

Time Limits

If you suffer from a disability that was caused or aggravated during military service, you can file a claim to receive compensation. You'll need to wait as the VA evaluates and makes a decision on your claim. You may have to wait up to 180 calendar days after submitting your claim before you receive a decision.

Numerous factors can affect how long it takes the VA to consider your claim. The amount of evidence you submit will play a big role in how quickly your claim is considered. The location of the field office handling your claim can also influence the time it takes for the VA to review your claims.

The frequency you check in with the VA regarding the status of your claim could also affect the time it takes to process. You can help accelerate the process by submitting proof as soon as you can by being specific with your details regarding the address of the medical facilities you utilize, and providing any requested information when it becomes available.

If you believe that there has been an error in the decision made regarding your disability, you can request a higher-level review. You'll need to provide all the facts regarding your case to a knowledgeable reviewer, who will decide whether there an error in the original decision. This review does not include any new evidence.