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How to File a Veterans Disability Claim

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

It’s not secret that VA is behind in the processing of claims for disability from Somerdale Veterans disability Law firm. The process can take months or even years.

Aggravation

Veterans may be qualified for disability compensation if their condition was aggravated by their military service. This type of claim is called an aggravated disability and can be mental or physical. A qualified VA lawyer can help former service members to file an aggravated disability claim. The claimant must prove either through medical evidence or an independent opinion, that their pre-service condition was made worse by active duty.

Typically the best way to demonstrate that a condition prior to service was aggravated is to get an independent medical opinion from an expert in the condition of the veteran. In addition to a doctor’s report the veteran will require medical records and lay assertions from friends or family members who can confirm the severity of their pre-service conditions.

It is essential to note when submitting a claim for disability benefits for veterans that the aggravated conditions must be different from the original disability rating. A disability lawyer can help the former service member provide sufficient medical evidence and testimony to prove that their previous condition wasn’t just aggravated because of military service, but that it was more severe than it would have been had the aggravating factor weren’t present.

VA proposes to revise its two “aggravation standards” in its regulations, 38 CFR 3.306 and 3.310. The differing wording of these provisions has led to confusion and debate during the process of filing claims. The inconsistent use of phrases such as “increased disability” and “any increased severity” have been the root of litigation.

Service-Connected Conditions

In order for a veteran to be eligible for benefits, they have to prove that their disability or illness is connected to service. This is referred to as “service connection.” For certain diseases, such as ischemic heart disease, or other cardiovascular diseases that manifest because of services-connected amputations is automatically granted. For other conditions, like PTSD veterans have to present documents or evidence from those who knew them during the military, in order to connect their condition to a specific incident that occurred during their service.

A pre-existing medical issue can be a service-related issue in the event that it was aggravated by active duty and not just the natural progression of disease. It is advisable to provide a doctor’s report that explains that the aggravation of the condition was caused by service, and not simply the natural progress of the disease.

Certain illnesses and injuries may be thought to be caused or aggravated due to treatment. They are known as “presumptive diseases.” They include exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in prisoner of war, and numerous 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 or chloracne, other acne-related diseases, porphyria cutanea tarda, tuberculosis, multiple sclerosis and diabetes mellitus type 2. Click here for more details regarding these presumptive diseases.

Appeal

The VA has a system to appeal their decision on whether or not to grant benefits. The first step is to file a Notice of Disagreement. If your VA-accredited lawyer will not take this step for you, then you can do it on your own. This form is used to tell the VA that you are not satisfied with their decision and that you want a higher-level review of your case.

There are two routes to a higher-level review and both of them are options you should take into consideration. One option is to request a 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 then either reverse or uphold the earlier decision. You could or might not be allowed to submit new evidence. You can also request an interview with an Veterans Law judge at the Board of booneville veterans disability lawyer‘ Appeals, Washington D.C.

It is crucial to discuss these issues with your VA-accredited lawyer. They will have experience and know the best option for your case. They are also aware of the challenges faced by disabled veterans which makes them an effective advocate for you.

Time Limits

You can seek compensation if you have a disability that was acquired or worsened while serving in the military. However, you’ll need to be patient with the VA’s process of review and deciding on your claim. It could take up 180 days after your claim is filed before you are given a decision.

Numerous factors can affect 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 provide. The location of the field office handling your claim will also affect the time it will take for the VA to review your claim.

The frequency you check in with the VA to see the status of your claim can affect the time it takes to complete the process. You can speed up the claim process by sending all documentation as quickly as possible, providing specific details about the medical facility you use, as well as providing any requested information.

If you think there has been a mistake in the determination of your disability, you are able to request a higher-level review. This requires you to submit all evidence in your case to an expert reviewer who can determine whether there was an error in the original decision. However, this review cannot include any new evidence.