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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 approved receive additional income each month which is tax-free.

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

Aggravation

A veteran might be able to receive disability compensation for the condition that was made worse by their military service. This type of claim may be either mental or physical. A licensed VA lawyer can help a former servicemember file an aggravated disability claim. A claimant must prove through medical evidence or independent opinions, that their medical condition prior to serving was aggravated 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 from an expert in the disability of valdese veterans disability law firm. In addition to a doctor’s report, the veteran will also need to submit medical records and lay declarations from family members or friends who can testify to the extent of their pre-service injuries.

In a claim for disability benefits for suffolk veterans disability lawyer it is crucial to be aware that the aggravated condition has to be distinct from the original disability rating. A disability attorney can advise a former servicemember on how to provide sufficient medical evidence and proof that their original condition was not just aggravated through military service, but actually worse than it would have been had it not been for the aggravating factor.

VA proposes to realign its two “aggravation standards” in its regulations, 38 CFR 3.306 and 3.310. The differing wording of these provisions has caused confusion and disagreement during the process of filing claims. The inconsistent use of terms such as “increased disability” and “any increased severity” are the main cause of litigation.

Conditions Associated with Service

In order for a veteran to be eligible for benefits, they must prove that their disability or illness is related to their service. This is known as proving “service connection.” Service connection is automatically granted for certain conditions, like Ischemic heart diseases or any other cardiovascular diseases that develop as a result specific amputations connected to service. Veterans suffering from other conditions, like PTSD and PTSD, are required to provide lay testimony or evidence from people who were close to them during their service to link their condition to a specific incident that occurred during their time in the military.

A pre-existing medical condition could be service-related in the case that it was aggravated due to active duty service and not as a natural progression of disease. It is best to provide an official report from a doctor that explains that the aggravation of the condition was due to service, and not simply the natural development of the disease.

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

Appeal

The VA has a system for appealing their decision to award or deny benefits. The first step is to submit a Notice of Dispute. Your VA-accredited attorney may file this on your behalf, but if they do not, you can do it yourself. This form is used to tell the VA that you are not satisfied with their decision and you want a higher-level review of your case.

You have two options for a higher level review. Both options should be considered carefully. You can request a personal meeting with a Decision Review Officer in your local office. The DRO will conduct a de novo appeal (no deference to the previous decision) and either reverse or affirm the earlier decision. It is possible that you will be able not to submit new proof. The alternative is to request an interview before a milwaukee veterans Disability Law firm Law Judge from the Board of Veterans’ Appeals in Washington, D.C.

It’s important to discuss all of these factors with your VA-accredited lawyer. They’ll have experience in this field and know what makes the most sense for your specific case. They are also aware of the difficulties that disabled veterans face and can be an ideal advocate for you.

Time Limits

If you have a disability that was acquired or worsened during military service, you can file a claim to receive compensation. But you’ll have to be patient when it comes to the VA’s process for review and deciding on your claim. It could take up to 180 days after your claim is filed before you are given an answer.

Many factors can influence the time it takes for VA to determine your claim. How quickly your claim will be evaluated is largely determined by the volume of evidence you submit. The location of the field office that handles your claim also influences how long it takes for the VA to review your claims.

Another factor that can impact the time it takes for your claim to be processed is the frequency at which you contact the VA to inquire about the progress of your claim. You can speed up the claim process by making sure to submit all evidence as swiftly as you can. You should also provide specific details regarding the medical facility you use, and providing any requested information.

If you think there was an error in the decision on your disability, you are able to request a more thorough review. You will need to submit all of the facts about your case to a knowledgeable reviewer, who will decide whether there was a mistake in the initial decision. This review doesn’t contain any new evidence.