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How to File a Veterans Disability Claim

The claim of disability for a veteran is a vital part of submitting an application for benefits. Many stuart veterans disability attorney earn tax-free earnings after their claims are approved.

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

Aggravation

aberdeen veterans disability lawyer may be eligible for disability compensation in the event that 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 submit an aggravated disabilities claim. The claimant must demonstrate, with medical evidence or an independent opinion, that their medical condition prior to service was made worse through active duty.

Typically, the most effective method to prove that a pre-service issue was aggravated is to get an independent medical opinion by a physician who specializes in the disability of veterans. In addition to a doctor’s statement, the veteran will also be required to provide medical records and lay assertions from family members or friends who can testify to the extent of their pre-service injuries.

In a claim for a disability benefit for veterans it is crucial to keep in mind that the aggravated condition has to be different from the original disability rating. Disability lawyers can help a former servicemember provide enough medical evidence and testimony to prove that their original condition wasn’t simply aggravated due to military service but that it was more severe than what it would have been had the aggravating factor weren’t present.

VA proposes to realign its 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 inconsistent use of words such as “increased disability” and “any increased severity” have been the cause of litigation.

Conditions of Service

To be eligible for benefits the veteran must prove that their condition or disability was caused by service. This is referred to as “service connection.” Service connection is automatically granted for certain conditions, such Ischemic heart diseases and other cardiovascular diseases that develop as a result specific amputations that are connected to service. For other conditions, like PTSD veterans have to present the evidence of laypeople or people who were close to them in the military, in order to connect their condition to an specific incident that occurred during their service.

A preexisting medical problem could also be service-related in the event that it was aggravated by active duty and not through natural progress of the disease. It is advisable to provide an explanation from a doctor that the deterioration of the condition was caused by service, and not the natural development of the disease.

Certain illnesses and injuries may be attributed to or aggravated by service. These are referred to 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. Some chronic diseases and tropical illnesses are also believed to have been caused or triggered by service. They include AL amyloidosis, chloracne, other acne-related diseases such as porphyria cutanea tarda tuberculosis and multiple sclerosis and diabetes mellitus type 2. For more information about these probable conditions, click here.

Appeals

The VA has a system to appeal their decision regarding whether or not they will grant benefits. The first step is to file a Notice of Disagreement. Your VA-accredited attorney will likely complete this for you, but if they do not, you can do it yourself. This form is used by the VA to let them know that you are not satisfied with their decision and want a higher level review of your case.

There are two paths to an upscale review, both of which you must carefully consider. You can request a personal meeting with an official from the Decision Review Office at your local office. The DRO will conduct a de novo review (no deference to the decision made previously) and either reverse or affirm the decision made earlier. You may be able or not be required to present new evidence. Another option is to request an interview with an Veterans Law Judge at the Board of Veterans’ Appeals in Washington, D.C.

It is essential to discuss these aspects with your lawyer who is accredited by the VA. They’ll have experience in this field and know what is the most appropriate option for your specific case. They are also aware of the challenges faced by disabled veterans which makes them an effective advocate for you.

Time Limits

If you suffer from a disability that was caused or aggravated during your military service, you could file a claim in order to receive compensation. But you’ll have to be patient when it comes to the process of review and deciding on the merits of your claim. It could take as long as 180 days after your claim is submitted before you get a decision.

Many factors can influence the time it takes for VA to consider your claim. How quickly your claim will be reviewed is largely determined by the volume of evidence you have submitted. The location of the VA field office who will review your claim could also impact the time it takes to review your claim.

Another factor that could affect the time it takes 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 submitting all evidence as quickly as possible, providing specific information regarding the medical facility you use, and sending any requested details.

If you believe there has been an error in the decision made regarding your disability, you can request a higher-level review. This involves submitting all the relevant facts of your case to a senior reviewer who can determine whether there was a mistake in the original decision. However, this review is not able to include new evidence.