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How to File a Veterans Disability Claim

A veteran's disability claim is a critical component of his or her benefit application. Many veterans who have their claims approved receive additional monthly income that is tax-free.

It's not a secret that the VA is a long way behind in the process of processing disability claims for veterans. It could take months, even years, for a decision to be made.

Aggravation

A veteran might be able to receive disability compensation for a condition made worse by their military service. This type of claim may be physical or mental. A licensed VA lawyer can assist the former soldier file an aggravated disability claim. A claimant needs to prove by proving medical evidence or independent opinions that their pre-service condition was made worse by active duty.

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

It is vital to remember when submitting a claim for disability benefits for veterans disability law firm that the aggravated condition must be different from the initial disability rating. A disability lawyer can guide the former soldier on how they can provide enough medical evidence and testimony to prove that their condition was not just aggravated by military service, but actually worse than it would have been without the aggravating factor.

In order to address this issue VA proposes to re-align the two "aggravation" standards in its regulations - 38 CFR 3.306 and 3.310. The differing wording of these provisions has created confusion and controversies during the process of filing claims. Particularly, the inconsistent use of terms like "increase in disability" and "any increase in severity" has been the cause of disputes and uncertainty.

Conditions of Service

To be eligible for benefits, they have to prove that their illness or disability is related to their service. This is known as proving "service connection." Service connection is automatically granted in certain circumstances, including ischemic heart diseases or other cardiovascular diseases that develop due to specific amputations connected to service. For other conditions, such as PTSD, veterans must provide the evidence of laypeople or those who knew them during the military to prove their condition to an specific incident that occurred during their time in service.

A preexisting medical problem could be service-related in the case that it was aggravated by active duty and not through natural progress of the disease. It is recommended to present the doctor okpos.iptime.org with a report explaining that the aggravation of the condition was due to service and wiki.lafabriquedelalogistique.fr not the natural progression of the disease.

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

Appeal

The VA has a procedure for appeals to appeal their decision on the issue of whether or not to grant benefits. The first step is to make a notice of disagreement. If your VA-accredited lawyer does not take this step for you, then you can complete the process on your own. This form is used to inform the VA you disagree with their decision and that you would like a more thorough review of your case.

There are two routes to an upper-level review, both of which you must carefully consider. One option is to request a private hearing with an officer from the Decision Review Office at your regional office. The DRO will conduct a de novo appeal (no deference to the previous decision) and either overturn or affirm the decision made earlier. You could be able or not to submit new proof. The other option is to request an interview before a Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.

It is important to discuss all of these factors with your VA-accredited lawyer. They're experienced and know the best option for your situation. They also understand the challenges faced by disabled veterans which makes them more effective advocates on your behalf.

Time Limits

If you suffer from a disability that was incurred or worsened during military service, you may file a claim to receive compensation. You'll have to be patient as the VA reviews and decides on your claim. It could take up to 180 calendar days after submitting your claim to receive a decision.

Many factors influence the time it takes for VA to decide on your claim. The speed at which your application will be evaluated is largely determined by the quantity of evidence you submit. The location of the VA field office which will be evaluating your claim can also impact the length of time required to review.

How often you check in with the VA on the status of your claim can also affect the time it takes to process your claim. You can accelerate the process by submitting all evidence as quickly as you can, including specific information about the medical facility you use, as well as providing any requested information.

You may request a higher-level review if it is your opinion that the decision you were given regarding your disability was wrong. You must submit all the facts of your case to a knowledgeable reviewer, who will determine whether there an error in the initial decision. This review doesn't contain any new evidence.