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How to File a Veterans Disability Claim

The claim of disability for a veteran is a vital element of the application for benefits. Many veterans are eligible for tax-free income when their claims are accepted.

It’s no secret that the VA is way behind in the process of processing disability claims for veterans. The decision could take months or even years.

Aggravation

belding veterans disability lawsuit may be eligible for disability compensation in the event that their condition was made more difficult by their military service. This type of claim is called an aggravated disability. It could be either mental or physical. A VA lawyer who is qualified can assist an ex-military personnel to file a claim for aggravated disabilities. A claimant must prove through medical evidence or independent opinions, that their medical condition prior to service was aggravated due to active duty.

A physician who is an expert on the condition of the veteran can provide an independent medical opinion that demonstrates the seriousness of the pre-service condition. In addition to the doctor’s report, the veteran should also submit medical records and statements from relatives or friends who can attest to their pre-service condition.

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

In order to address this issue, VA is proposing to change the two “aggravation” standards contained in its regulations – 38 CFR 3.306 and 3.310. The differences in the language of these provisions has caused confusion and debate regarding the claims process. The inconsistent use of phrases such as “increased disability” and “any increased severity” have been the source of litigation.

Conditions Associated with Service

To be eligible for benefits, they must prove that their condition or illness is connected to service. This is known as showing “service connection.” For certain ailments, like Ischemic heart disease and other cardiovascular diseases that manifest as a result of specific service-connected amputations, a service connection is granted automatically. Veterans with other conditions such as PTSD need to provide lay testimony or evidence from those who were their friends during their time in service to connect their condition with a specific event that occurred during their military service.

A preexisting medical problem could also be service-connected when it was made worse through active duty and not due to the natural progress of the disease. It is advisable to provide an official report from a doctor that explains that the deterioration of the condition was caused by service, and not the natural progression.

Certain injuries and illnesses may be attributed to or aggravated by treatment. These 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 diseases are believed to have been caused or caused by service. This includes AL amyloidosis, as well as other acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis, Tuberculosis and diabetes Mellitus Type 2. For more information about these probable conditions, click here.

Appeals

The VA has a system for appealing their decision to award or deny benefits. The first step is to submit a Notice of Disagreement. Your VA-accredited attorney may make this filing on your behalf however, if not, you can file it yourself. This form is used by the VA to inform them that you do not agree with their decision, and you would like a higher-level review of your case.

There are two options available for a higher level review. Both options should be carefully considered. You can request a personal meeting with the Decision Review Officer at your local office. The DRO will perform an in-person (no review is given to previous decisions) review and either reverse the earlier decision or confirm the decision. You might or may not be able to present new evidence. The other option is to request a hearing before a Veterans Law Judge from the Board of Douglas Veterans disability Attorney‘ Appeals in Washington, D.C.

There are many factors that go into choosing the best lane for your appeal, so it is important to discuss these issues with your attorney who is accredited by the VA. They have experience and know the best option for your situation. They also know the challenges that disabled veterans face, which makes them more effective advocates for you.

Time Limits

You can seek compensation if you have a disability that you acquired or worsened during your time in the military. It is important to be patient as the VA reviews and decides on your claim. You may need to wait up to 180 calendar days after filing your claim before receiving a decision.

There are many factors that can affect how long the VA will take to make an informed decision on your claim. The amount of evidence you provide will play a big role in the speed at which your claim is reviewed. The location of the field office that is responsible for your claim will also impact how long it will take for the VA to review your claims.

Another factor that could affect the time required for your claim to be processed is the frequency at which you contact the VA to check the progress of your claim. You can speed up the process by submitting your evidence whenever you can by being specific with your address details for the medical care facilities that you utilize, and providing any requested information as soon as it’s available.

If you think there was a mistake in the decision made regarding your disability, you are able to request a more thorough review. You must submit all the facts regarding your case to an experienced reviewer who will determine whether there was a mistake in the original decision. But, this review will not contain new evidence.