How to File a Veterans Disability Claim

A veteran's disability claim is an essential part of their benefit application. Many harahan veterans disability attorney who have their claims accepted receive additional income each month that is tax free.

It's no secret that VA is way behind in processing disability claims for Buckeye Veterans Disability Lawsuit. It can take months or even years for a decision to be made.

Aggravation

Veterans may be entitled to disability compensation if their condition was aggravated due to their military service. This type of claim is called an aggravated impairment and can be either mental or physical. A competent VA lawyer can help the former service member make an aggravated disability claim. A claimant has to prove through medical evidence or independent opinions, that their pre-service medical condition was made worse through active duty.

Typically, the best way to prove that a pre-service issue was aggravated is through an independent medical opinion by a physician who specializes in the disabled veteran. In addition to the physician's statement, the veteran is required to submit medical records and statements from relatives or friends who attest to their pre-service condition.

It is essential to note in a veterans disability claim that the conditions that are aggravated must be different from the original disability rating. A disability lawyer can guide the former soldier on how to present sufficient medical evidence and evidence to show that their original condition was not just aggravated by military service, but was worse than it would have been had it not been for the aggravating factor.

VA proposes to revise its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The differences in the language of these provisions has caused confusion and debate during the process of filing claims. Particularly, the inconsistent use of phrases such as "increase in disability" and "any increase in severity" is the cause of disputes and uncertainty.

Conditions of Service

To be eligible for benefits, they must prove that their illness or disability is related to service. This is referred to as "service connection." Service connection is automatically granted for certain ailments, like Ischemic heart diseases and other cardiovascular diseases that develop because of specific amputations connected to service. For other conditions, like PTSD veterans are required to provide witnesses or lay evidence from people who were close to them in the military, to link their illness to a specific incident that occurred during their service.

A pre-existing medical issue can also be service related in the event that it was aggravated due to active duty service, and not the natural progression of disease. The best way to prove this is to present the doctor's opinion that the aggravation was due to service and not just the normal progression of the disease.

Certain injuries and illnesses can be believed to be caused or aggravated due to service. These are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in prisoners of War, and other Gulf War conditions. Certain chronic diseases and tropical diseases are thought to be aggravated or caused by military service. These are AL amyloidosis or chloracne, other acne-related disorders and porphyria cutsanea tarda tuberculosis and multiple sclerosis and diabetes mellitus type 2. For more information about these presumptive conditions, click here.

Appeal

The VA has a procedure to appeal their decision to grant or deny benefits. The first step is filing a Notice of Disagreement. Your VA-accredited attorney may make this filing on your behalf but if not, you can do it yourself. This form is used to notify the VA you disagree with their decision and you'd like to have a more thorough review of your case.

There are two options to request higher-level review. Both options should be considered carefully. One option is to request a hearing with an officer from the Decision Review Office at your regional office. The DRO will conduct a de novo review (no deference given to the decision made previously) and then either reverse or affirm the decision made earlier. You could or might not be able submit new evidence. The other option is to request an interview before an Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

There are a variety of factors to consider when choosing the best lane for your appeal, and it's important to discuss these issues with your VA-accredited attorney. They have experience and know what's best for your situation. They are also aware of the challenges that disabled veterans face and can help them become a stronger advocate for you.

Time Limits

You can apply for compensation if you have an impairment that you acquired or worsened as a result of serving in the military. It is important to be patient while the VA evaluates and makes a decision on your application. You may have to wait up to 180 calendar days after filing your claim before you get a decision.

Many factors can influence how long it takes the VA to consider your claim. The amount of evidence you submit will play a significant role in how quickly your claim is considered. The location of the VA field office who will review your claim could also impact the length of time required to review.

The frequency you check in with the VA on the status of your claim can also affect the time it takes to process your claim. You can speed up the claim process by submitting all evidence as quickly as possible, providing specific information regarding the medical center you use, and sending any requested details.

You could request a higher-level review if you believe that the decision made on your disability was incorrect. You must submit all of the facts about your case to an experienced reviewer, who will determine whether there was a mistake in the original decision. However, this review can't include any new evidence.