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How to File a Veterans Disability Claim

The claim of disability for a veteran is a key part of the application for benefits. Many veterans earn tax-free earnings when their claims are accepted.

It's not a secret that VA is behind in the process of processing claims for disability by veterans disability law firms. A decision can take months or even years.

Aggravation

A veteran may be able to claim disability compensation for a condition that was worsened by their military service. This kind of claim can be either mental or physical. A licensed VA lawyer can help a former servicemember submit an aggravated claim. A claimant has to prove by proving medical evidence or independent opinions, that their condition prior to service was aggravated due to active duty.

Typically, the best way to demonstrate that a condition prior to service was aggravated is through an independent medical opinion from an expert in the condition of the veteran. In addition to the doctor's statement the veteran should also submit medical records as well as the lay statements of family or friends who can attest to their pre-service condition.

It is crucial to remember when submitting a claim for disability benefits for veterans that the conditions that are aggravated must be different from the original disability rating. A disability lawyer can guide an ex-servicemember on how to provide sufficient medical evidence and testimony to establish that their original condition was not just aggravated by military service, but actually worse than it would have been without the aggravating factor.

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 differing language used in these regulations has led to confusion and controversies during the claims process. Specifically, the incongruent use of terms like "increase in disability" and "any increase in severity" has been the source of disputes and uncertainty.

Conditions that are associated with Service

To be eligible for benefits veterans must prove the cause of their condition or disability was caused by service. This is known as "service connection." For certain conditions, like Ischemic heart disease or other cardiovascular diseases that arise due to specific service-connected amputations, a service connection is automatically granted. For other conditions, such as PTSD the veterans must present lay evidence or testimony from people who were close to them in the military, to link their condition to a specific incident that took place during their time in service.

A pre-existing medical problem can be a service-related issue in the event that it was aggravated by active duty and not just the natural progression of disease. The most effective way to establish this is by submitting the doctor's opinion that the ailment was due to service and not just the normal progression of the disease.

Certain ailments and injuries are believed to have been caused or aggravated by the service. These are known as "presumptive diseases." They include exposure to Agent Orange for Vietnam and Korean veterans as well as exposure to radiation for Prisoners of War, as well as other Gulf War conditions. Some chronic diseases and tropical illnesses are believed to have been aggravated or triggered by service. These include AL amyloidosis, chloracne, other acne-related conditions and porphyria cutsanea tarda multiple sclerosis, tuberculosis, and diabetes mellitus type 2. For more information on these presumptive conditions, click here.

Appeals

The VA has a system to appeal their decision to grant or deny benefits. The first step is filing a Notice Of Disagreement. If your VA-accredited lawyer does not handle this for you, then you're able to do it on your own. This form is used to tell the VA you disagree with their decision and you'd like a higher-level analysis of your case.

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

It's important to discuss all of these issues with your VA-accredited lawyer. They'll have experience in this area and will know what is the most appropriate option for your particular situation. They also know the issues that disabled veterans disability lawyer face and can be more effective advocates for you.

Time Limits

If you suffer from a condition that was acquired or worsened in the military, bridgejelly71>j.u.dyquny.Uteng.Kengop.enfuyuxen you could file a claim in order to receive compensation. But you'll have to be patient during the process of taking a look at and deciding on your claim. It could take up 180 days after the claim has been filed before you are given a decision.

Many factors affect how long it takes the VA to determine your claim. The amount of evidence you submit will play a major role in the speed at which your claim is evaluated. The location of the VA field office which will be reviewing your claim can also impact the time it takes to review your claim.

Another aspect that could affect the length of time it takes your claim to be processed is how often you contact the VA to check on its progress. You can accelerate the process by making sure to submit all evidence as swiftly as you can, including specific information regarding the medical care facility you use, as well as providing any requested details.

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