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How to File a Veterans Disability Claim

The veteran’s claim for disability is an important part of the application for benefits. Many veterans earn tax-free earnings when their claims are approved.

It’s no secret that VA is way behind in processing disability claims for veterans. The decision could take months or Vimeo even years.

Aggravation

A veteran could be eligible to receive disability compensation for an illness that was worsened due to their military service. This type of claim is known as an aggravated disability. It can be either physical or mental. A VA lawyer who is qualified can help an ex-military member to file a claim for aggravated disabilities. The claimant must prove, through medical evidence or unbiased opinions that their pre-service condition was made worse by active duty.

A doctor who is an expert on the veteran’s disability can provide an independent medical opinion that demonstrates the severity of the pre-service condition. In addition to a doctor’s statement, the veteran will also need to submit medical records as well as lay statements from family or friends who are able to confirm the severity of their pre-service conditions.

When a claim for disability benefits from veterans it is essential to remember that the condition being aggravated has to be distinct from the initial disability rating. A disability lawyer can assist an ex-servicemember present enough medical evidence and testimony in order to prove that their previous condition wasn’t merely aggravated due to military service but it was worse than it would have been had the aggravating factor weren’t present.

VA proposes to rewrite its two “aggravation standards” in its regulations 38 CFR 3.306 & 3.310. The differing language in these provisions has led to confusion and disagreement during the process of claiming. Specifically, the incongruent usage of terms such as “increase in disability” and “any increase in severity” has been the cause of disputes and uncertainty.

Conditions Associated with Service

To be eligible for benefits, veterans must prove the cause of their condition or disability was caused by service. This is referred to as proving “service connection.” For some diseases, such as Ischemic heart disease or other cardiovascular diseases that develop due to specific services-connected amputations is granted automatically. Veterans suffering from other ailments, like PTSD are required to provide lay testimony or lay evidence from those who knew them during their time in service to connect their condition to an specific event that occurred during their time in the military.

A preexisting medical issue could also be service-related in the case that it was aggravated by active duty and not by natural progression of the disease. The most effective way to prove this is by providing a doctor’s opinion that states that the ailment was due to service, and not the normal development of the condition.

Certain illnesses and injuries may be presumed to be caused or aggravated due to service. These are known as “presumptive diseases.” This includes exposure to Agent Orange for Vietnam and Korean veterans and radiation exposure in Prisoners of War, and other Gulf War conditions. Certain chronic illnesses and tropical diseases are presumed to have been caused or aggravated from service. These include AL amyloidosis, chloracne or other acne-related conditions and porphyria cutsanea tarda tuberculosis, multiple sclerosis and diabetes mellitus type 2. For more information about these presumptive conditions, click here.

Appeal

The VA has a system to appeal their decision to grant or deny benefits. The first step is to make a notice of disagreement. If your VA-accredited lawyer will not do this for you, you are able to do it on your own. This form is used by the VA to let them know that you are not satisfied with their decision, and want a higher level review of your case.

There are two ways to get an upscale review, both of which you must carefully consider. One option is to request a personal hearing with an officer from the Decision Review Office at your regional office. The DRO will conduct a de queen veterans disability lawsuit novo (no review of previous decisions) review and either reverse the earlier decision or maintain it. You could or might not be able to submit new evidence. You can also request an appointment with an Veterans Law judge at the Board of Veterans’ Appeals, Washington D.C.

There are many factors that go into choosing the best route for your appeal, so it is important to discuss these with your attorney who is accredited by the VA. They’ll have experience in this area and will know the best option for your specific case. They are also aware of the challenges that disabled marco island veterans disability lawsuit face and can be a stronger advocate for you.

Time Limits

You can seek compensation if you suffer from an impairment that you acquired or worsened as a result of serving in the military. You’ll need to wait as the VA evaluates and makes a decision on your claim. It could take up to 180 calendar days after filing your claim before you get a decision.

There are many variables which can impact the length of time the VA takes to make an decision on your claim. The speed at which your claim will be evaluated is largely determined by the amount of evidence that you submit. The location of the field office that is responsible for your claim will also impact how long it takes for the VA to review your claims.

Another factor that can impact 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 making sure to submit all evidence as swiftly as you can, including specific information regarding the medical facility you use, as well as providing any requested information.

If you believe that there was a mistake in the decision regarding your disability, you may request a more thorough review. This involves submitting all the evidence in your case to a senior reviewer who can determine whether there was a mistake in the original decision. The review doesn’t include any new evidence.