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How to File a Veterans Disability Claim

A veteran’s disability claim is a crucial part of his or her benefit application. Many veterans get tax-free income after their claims are approved.

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

Aggravation

Veterans may be eligible for disability compensation if their condition was made more difficult by their military service. This type of claim is referred to as an aggravated disability. It could be mental or physical. A VA lawyer who is competent can help a former military member make an aggravated disability claim. A claimant must show using medical evidence or independent opinions that their medical condition prior to service was aggravated by active duty.

Typically, the most effective way to prove that a condition prior to service was aggravated is through an independent medical opinion by an expert physician who is knowledgeable about 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.

In a Glen Rock Veterans Disability Attorney disability claim it is important to keep in mind that the condition that is aggravated must be different from the original disability rating. A disability lawyer can assist the former service member provide sufficient medical evidence and testimonies to show that their initial condition wasn’t merely aggravated due to military service, but it was worse than what 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 and 3.310. The differing language used in these regulations has led to confusion and controversy in the process of claiming. Specifically, the incongruent use of terms like “increase in disability” and “any increase in severity” is the cause of disputes and uncertainty.

Conditions that are associated with Service

To be eligible for benefits veterans must show that his or her condition or disability was caused by service. This is referred to as “service connection.” For some conditions, like Ischemic heart disease or other cardiovascular diseases that develop because of Amputations that are connected to service, the service connection is automatically granted. For other conditions, like PTSD, san juan veterans disability lawsuit must provide documents or evidence from people who were their friends in the military, to link their condition with a specific incident that occurred during their time of service.

A pre-existing medical condition can be a service-related issue in the event that it was aggravated due to active duty service and not as a natural progression of disease. The best method to prove this is to present an opinion from a doctor that states that the aggravation was due to service and not the normal development of the condition.

Certain injuries and illnesses can be believed to be caused or aggravated by treatment. These are referred to as “presumptive illnesses.” They include exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in Prisoners of war, and various Gulf War conditions. Certain chronic illnesses and tropical diseases are also suspected to have been resulted or aggravated by military service. This includes AL amyloidosis and other acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis as well as Diabetes Mellitus Type 2. For more information about these presumptive diseases, click here.

Appeals

The VA has a procedure for appeals to appeal their decision on whether or not to grant benefits. The first step is filing a Notice Of Disagreement. The VA-accredited attorney you have chosen will complete this for you but if not, you can do it yourself. This form is used to notify the VA you disagree with their decision and you would like a more thorough review of your case.

You have two options for a higher level review. Both should be considered carefully. You can request a private meeting with the Decision Review Officer at your local office. The DRO will conduct a review de novo (no deference given to the decision made previously) and either reverse or uphold the earlier decision. You may be required or not to submit new proof. You may also request an appearance before a Veterans Law judge at the Board of Veterans’ Appeals, Washington D.C.

There are many factors to consider when choosing the most appropriate route for your appeal, so it’s essential to discuss these with your attorney who is accredited by the VA. They will have experience and know what is best for your situation. They are also aware of the challenges faced by disabled veterans, which makes them a better advocate for you.

Time Limits

You may be eligible for compensation if you suffer from a disability that you acquired or worsened in the course of serving in the military. You’ll need to wait while the VA reviews and decides on your application. It could take as long as 180 days after your claim is filed before you are given a decision.

There are many variables that can affect how long the VA takes to make an informed decision on your claim. The amount of evidence that you submit will play a big stone gap veterans disability lawyer role in the speed at which your application is considered. The location of the VA field office which will be reviewing your claim can also impact the length of time required to review.

The frequency you check in with the VA to see the status of your claim could also affect the time it takes to process. You can help speed up the process by submitting proof promptly, being specific in your address details for the medical care facilities you use, and sending any requested information when it becomes available.

If you believe there was an error in the decision on your disability, you are able to request a higher-level review. This requires you to submit all facts that exist in your case to an experienced reviewer who will determine if there was an error in the original decision. However, this review cannot include any new evidence.