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How to File a Veterans Disability Claim

The claim of a disabled veteran is a crucial part of the application for benefits. Many veterans are eligible for tax-free income when their claims are approved.

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

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 help an ex-military member to file a claim for aggravated disabilities. A claimant has to prove, through medical evidence or independent opinions, that their pre-service condition was aggravated due to active duty.

A doctor who is an expert in the veteran’s disability can provide an independent medical opinion that will demonstrate the severity of the pre-service illness. In addition to the doctor’s opinion, the veteran must also provide medical records as well as the lay statements of family or friends who can attest to their pre-service condition.

In a claim for disability benefits for veterans it is important to be aware that the condition that is aggravated must be distinct from the initial disability rating. A disability lawyer can help a former servicemember provide enough medical evidence and testimonies to establish that their original condition wasn’t only aggravated due to military service however, it was much worse than it would have been if the aggravating factor weren’t present.

In addressing this issue VA is proposing to align the two “aggravation” standards contained in its regulations 38 CFR 3.306 and 3.310. The differing language in these regulations has led to confusion and controversy during the process of claiming. The incongruent use phrases like “increased disability” and “any increased severity” have been the root of litigation.

Conditions that are associated with Service

To be eligible for benefits veterans must show that the health or disability was caused by service. This is referred to as proving “service connection.” For certain conditions, such as Ischemic heart disease and other cardiovascular diseases that develop due to specific Amputations that are connected to service, the service connection is granted automatically. Veterans with other conditions like PTSD, must provide the evidence of lay witnesses or from those who were their friends during their time in the military to connect their condition to an specific incident that occurred during their military service.

A pre-existing medical issue can be a service-related issue if it was aggravated due to active duty service and not due to the natural progression of the disease. It is recommended to present an official report from a doctor that explains that the aggravation of the condition was caused by service, and not the natural progression.

Certain ailments and injuries can be believed to be caused or aggravated by service. They are known as “presumptive diseases.” This includes exposure to Agent Orange in Vietnam and Korea veterans and radiation exposure among Prisoners of War and other Gulf War conditions. Some chronic diseases and tropical illnesses are also believed to have been caused or triggered by service. This includes AL amyloidosis, as well as other acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis Tuberculosis as well as Diabetes Mellitus Type 2. Click here to learn more about these presumptive diseases.

Appeals

The VA has a system to appeal their decision to award or deny benefits. The first step is to file an appeal called a Notice of Disagreement. Your VA-accredited attorney will likely make this filing on your behalf however, if not, you are able to file it yourself. This form is used by the VA to let them know that you are not satisfied with their decision and would prefer a more thorough review of your case.

There are two ways to get an upper-level review, both of which you should take into consideration. You can request a personal meeting with a Decision Review Officer in your local office. The DRO will conduct a de novo (no review is given to the previous decisions) review and either reverse the earlier decision or confirm the decision. You might or may not be able to submit new evidence. The alternative is to request a hearing with an Veterans Law Judge at the Board of south san francisco veterans disability lawyer‘ Appeals in Washington, D.C.

It’s important to discuss these issues with your lawyer who is accredited by the VA. They have experience and know what is best for your situation. They are also aware of the difficulties that disabled veterans face and their families, which makes them an effective advocate for you.

Time Limits

You can apply for compensation if you have a disability that was acquired or worsened in the course of serving in the military. But you’ll need to be patient with the process of reviewing and deciding on the merits of your claim. It could take up 180 days after your claim is filed before you are given an answer.

There are many variables that influence how long the VA will take to reach a decision on your claim. The amount of evidence you submit is a significant factor in the speed at which your claim is considered. The location of the VA field office which will be reviewing your claim can also influence the length of time required to review.

How often you check in with the VA to see the status of your claim could also affect the time it takes to complete the process. You can speed up the process by submitting all evidence as quickly as you can. You should also provide specific information regarding the medical center you use, as well as providing any requested details.

If you think there was a mistake in the decision regarding your disability, then you can request a more thorough 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 doesn’t contain any new Braunfels veterans Disability Law firm evidence.