How to File a Veterans Disability Claim

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

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

Aggravation

A veteran may be able get disability compensation in the event of an illness that was worsened due to their military service. This type of claim may be mental or physical. A skilled VA lawyer can assist former service members to file an aggravated disability claim. A claimant must show by proving medical evidence or an independent opinion, that their pre-service medical condition was made worse through active duty.

Typically, the most effective way to prove that a pre-service issue was aggravated is through an independent medical opinion from an expert in the disability of veterans. In addition to a doctor's statement, the veteran will also be required to provide medical records and lay assertions from family or friends who can testify to the severity of their pre-service conditions.

It is essential to note in a claim for a disability benefit for veterans that the condition being aggravated has to be different from the initial disability rating. A disability attorney can advise a former servicemember on how to provide the proper medical evidence and testimony to establish that their condition was not only aggravated by military service, but was worse than it would have been without the aggravating factor.

VA proposes to rewrite its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The differences in the language of these provisions has created confusion and debate regarding the claims process. The inconsistent use of words such as "increased disability" and "any increased severity" are the main cause of litigation.

Conditions that are associated with Service

To qualify a veteran for benefits, they must demonstrate that their disability or illness is connected to service. This is referred to as proving "service connection." Service connection is automatically granted in certain circumstances, including Ischemic heart diseases and other cardiovascular diseases that arise due to specific amputations connected to service. For other conditions, such as PTSD, veterans must provide lay evidence or testimony from those who knew them during the military, to connect their condition with 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 the natural progression of disease. It is recommended to present a doctor's report that explains that the aggravation of the condition was due to service, not just the natural progress of the disease.

Certain ailments and injuries can be presumed to be caused or aggravated by treatment. These are referred to 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 illnesses and tropical diseases are also suspected to have been caused or aggravated from service. This includes AL amyloidosis and various acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis, and Diabetes Mellitus Type 2. Click here to learn more about these presumptive diseases.

Appeals

The VA has a system for appealing their decision to award or deny benefits. The first step is filing a Notice of Disagreement. The VA-accredited attorney you have chosen will make this filing on your behalf however if not, you are able to file it yourself. This form is used to tell the VA you disagree with their decision and that you would like a more thorough review of your case.

There are two ways to get a more thorough review that you should consider carefully. You can request a private meeting with a Decision Review Officer in your local office. The DRO will conduct a de novo (no review is given to previous decisions) review and either overturn the earlier decision or maintain it. You may be required or not to submit new proof. The other option is to request an appointment before an Veterans Law Judge from the Board of chardon veterans disability attorney' Appeals in Washington, D.C.

It is crucial to discuss all of these issues with your VA-accredited attorney. They'll have experience in this field and know what makes the most sense for your particular case. They also understand the challenges that disabled veterans face and can be a stronger advocate for you.

Time Limits

If you suffer from a disability that was acquired or worsened in the military, you could file a claim in order to receive compensation. But you'll have to be 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 submitting your claim before receiving an answer.

Many factors influence how long it takes the VA to decide on your claim. The amount of evidence you provide will play a major role in the speed at which your claim is considered. The location of the VA field office which will be evaluating your claim can also influence the time it takes to review your claim.

Another factor that can affect the time it takes your claim to be processed is how often you contact the VA to inquire about the progress of your claim. You can accelerate the process by submitting your evidence as soon as possible and being specific in your address information for the medical care facilities you use, and sending any requested information immediately when it becomes available.

If you think there was a mistake in the decision made regarding your disability, Vimeo.Com you may request a more thorough review. This involves submitting all relevant facts of your case to an experienced reviewer who will determine whether there was a mistake in the initial decision. However, this review can't include any new evidence.