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How to File a Veterans Disability Claim

A veteran’s disability claim is a critical part of their benefit application. Many wickenburg veterans disability attorney get tax-free income when their claims are approved.

It’s not secret that VA is behind in processing veteran disability claims. A decision can take months or even years.

Aggravation

Veterans could be entitled to disability compensation if their condition was caused by their military service. This kind of claim can be either mental or physical. A VA lawyer who is qualified can assist an ex-military person submit an aggravated disabilities claim. A claimant has to prove by proving medical evidence or independent opinions, that their pre-service condition was aggravated due to active duty.

Typically, the best way to prove that a condition prior to service was aggravated is through an independent medical opinion by a physician who specializes in the veteran’s disability. In addition to the physician’s statement, the veteran should also submit medical records and statements from family members or friends who attest to their pre-service condition.

In a claim for disability benefits for veterans it is essential to be aware that the condition being aggravated has to be different from the original disability rating. An attorney for disability can guide the former soldier on how they can provide enough medical evidence and evidence to show that their original condition was not only aggravated by military service, but was worse than it would have been without the aggravating factor.

In addressing this issue, VA is proposing to align the two “aggravation” standards within its regulations 38 CFR 3.306 and 3.310. The differing wording of these provisions has created confusion and controversies regarding the claims process. The inconsistent use of words such as “increased disability” and “any increased severity” are the main cause of litigation.

Service-Connected Conditions

To be eligible for benefits, Brush veterans disability attorney must show that the condition or disability was caused by service. This is called showing “service connection.” For certain conditions, like Ischemic heart disease and other cardiovascular diseases that manifest due to specific Amputations that are connected to service, the service connection is automatically granted. For other conditions, such as PTSD veterans are required to provide witnesses or lay evidence from people who were close to them in the military to prove their condition to a specific incident that took place during their time of service.

A pre-existing medical condition could also be service related if it was aggravated by active duty and not as a natural progression of the disease. The most effective way to demonstrate this is to provide the doctor’s opinion that the ailment was due to service and not just the normal progression of the condition.

Certain illnesses and injuries are believed to have been caused or aggravated by service. These are called “presumptive illnesses.” This includes exposure to Agent Orange in Vietnam and Korea veterans and radiation exposure among Prisoners of War, as well as other Gulf War conditions. Some chronic illnesses and tropical diseases are also believed to have been resulted or aggravated by military service. These include AL amyloidosis, chloracne or other acne-related diseases Porphyria Cutanea Tighta, tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. For more information on these probable conditions, click here.

Appeals

The VA has a system for appealing their decision to grant or deny benefits. The first step is to submit a Notice of Dispute. Your VA-accredited attorney will likely make this filing on your behalf however, if not, you can file it yourself. This form is used by the VA to let them know that you disagree with their decision, and would like a more thorough review of your case.

There are two options available for higher-level review. Both options should be considered carefully. One option is to request a private hearing with the Decision Review Officer in your regional office. The DRO will conduct a de novo (no review is given to previous decisions) review and either reverse the earlier decision or maintain the decision. You might or may not be able to present new evidence. You can also request an appointment with an Veterans Law judge at the Board of Veterans’ Appeals, Washington D.C.

It is crucial to discuss all of these issues with your VA-accredited lawyer. They’ll have expertise in this field and know what is the most appropriate option for your particular situation. They also know the difficulties that disabled veterans face which makes them an effective advocate for you.

Time Limits

You can apply for compensation if you suffer from an impairment that you acquired or worsened during your time in the military. However, you’ll need to be patient when it comes to the VA’s process of reviewing and deciding on your claim. It may take up to 180 days after the claim has been filed before you are given an answer.

Numerous factors can affect the time it takes for the VA to make a decision on your claim. The speed at which your claim will be reviewed is largely determined by the amount of evidence you have submitted. The location of the field office that is responsible for your claim can also influence the time it will take for the VA to review your claim.

The frequency you check in with the VA regarding the status of your claim can affect the length of time it takes to finish the process. You can accelerate the process by providing evidence whenever you can and by providing specific details regarding the address of the medical care facilities that you utilize, and providing any requested information immediately when it becomes available.

If you believe there has been an error in the determination of your disability, you can request a higher-level review. You’ll have to submit all the details of your case to an experienced reviewer, who will determine whether there an error in the initial decision. This review does not include any new evidence.