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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 get tax-free income when their claims are approved.

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

Aggravation

Veterans could be entitled to disability compensation if their condition was aggravated due to their military service. This kind of claim is known as an aggravated disability. It could be either physical or mental. A VA lawyer who is certified can assist 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 made worse by active duty.

Typically, the most effective method to prove that a condition prior to service was aggravated is to obtain an independent medical opinion by an expert in the disabled veteran. In addition to the doctor’s opinion the veteran will also have to submit medical records and lay statements from family members or friends who can testify to the severity of their pre-service condition.

When a claim for disability benefits from veterans it is crucial to keep in mind that the aggravated condition has to be distinct from the initial disability rating. A disability lawyer can help former service members provide the necessary medical evidence and testimony in order to prove that their previous condition wasn’t merely aggravated due to military service but that it was more severe than it would have been had the aggravating factor wasn’t present.

In addressing this issue VA is proposing to align the two “aggravation” standards in its regulations – 38 CFR 3.306 and 3.310. The different wording in these provisions has caused confusion and controversies during the process of claiming. The incongruent use phrases like “increased disability” and “any increased severity” have been the source of litigation.

Conditions of Service

To be eligible for benefits a veteran must prove that their impairment or illness was caused by service. This is referred to as proving “service connection.” For some conditions, such as ischemic heart disease or other cardiovascular diseases that manifest due to specific service-connected amputations, a service connection is granted automatically. Veterans suffering from other conditions like PTSD need to 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 event that occurred during their time in the military.

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

Certain illnesses and injuries are presumed to have been caused or aggravated by the service. These are called “presumptive illnesses.” They include exposure to Agent Orange for Vietnam and Korean veterans as well as exposure to radiation for Prisoners of War, and different Gulf War conditions. Certain chronic diseases and tropical diseases are presumed to have been resulted or aggravated by military service. This includes AL amyloidosis as well as other acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis Tuberculosis and diabetes Mellitus Type 2. Click here for more details regarding these presumptive diseases.

Appeals

The VA has a process 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 does not take this step for the client, then you must complete it on your own. This form is used to tell the VA that you are not satisfied with their decision and that you’d like a higher-level analysis of your case.

There are two options for an upper-level review that you should carefully consider. One is to request a private hearing with the Decision Review Officer in your regional office. The DRO will conduct a review de novo (no deference to the previous decision) and either overturn or confirm the earlier decision. You may be able or not required to provide new proof. The alternative is to request an interview with an Veterans Law Judge at the Board of chico veterans disability attorney‘ Appeals in Washington, D.C.

It’s important to discuss these issues with your lawyer who is accredited by the VA. They’re experienced and know what is best for your situation. They are also aware of the challenges faced by disabled Minden veterans Disability law firm and can be a stronger advocate on your behalf.

Time Limits

If you suffer from a condition that was acquired or worsened during your military service, you can file a claim to receive compensation. However, you’ll need patient when it comes to the VA’s process for review and deciding on your claim. It could take up 180 days after the claim has been filed before you are given a decision.

There are many variables that influence how long the VA is able to make an assessment of your claim. How quickly your application will be evaluated is largely determined by the quantity of evidence you have submitted. The location of the VA field office who will review your claim can also impact the length of time it takes.

The frequency you check in with the VA regarding the status of your claim could affect the time it takes to process. You can speed up the process by providing all evidence as fast as you can, and providing specific information about the medical care facility you use, and providing any requested details.

If you believe that there was an error in the decision regarding your disability, then you can request a higher-level review. You’ll need to provide all of the facts about your case to an experienced reviewer, who can determine whether there was a mistake in the original decision. This review does not contain any new evidence.