How to File a Veterans Disability Claim

The veteran's claim for disability is a vital part of submitting an application for benefits. Many veterans who have their claims accepted receive a monthly income that is tax free.

It's not a secret that VA is behind in the processing of claims for disability from grenada veterans Disability lawyer. It could take months, even years, for a final decision to be made.

Aggravation

A veteran may be able to receive disability compensation for a condition that was caused by their military service. This type of claim may be mental or physical. A VA lawyer who is competent can help an ex-military person to file a claim for aggravated disabilities. A claimant must demonstrate either through medical evidence or independent opinions, that their condition prior to service was made worse by active duty.

Typically the best way to prove that a pre-service issue was aggravated is to get an independent medical opinion from an expert physician who is knowledgeable about the veteran's disability. In addition to the doctor's statement the veteran should also submit medical records and the lay statements of family or friends who attest to their pre-service condition.

It is important to note in a creston veterans disability law firm disability claim that the aggravated conditions must be different from the original disability rating. A disability attorney can advise a former servicemember on how to provide the proper medical evidence and testimony to prove 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 & 3.310. The different language of these provisions has created confusion and controversies during the process of filing claims. The inconsistent use of words such as "increased disability" and "any increased severity" are the main cause of litigation.

Service-Connected Conditions

To be eligible for benefits a veteran must prove that the cause of their impairment or illness was caused by service. This is known as "service connection." Service connection is automatically granted in certain circumstances, including ischemic heart diseases or other cardiovascular conditions that develop as a result specific service-connected amputations. For other conditions, like PTSD, veterans must provide lay evidence or testimony from people who were their friends in the military, to link their condition with a specific incident that occurred during their service.

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. The most effective method to prove this is to present a doctor's opinion that states that the ailment was due to service, and not the normal progress of the condition.

Certain injuries and illnesses are believed to have been caused or aggravated by service. They are known as "presumptive illnesses." 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 believed to have been aggravated or triggered by service. This includes AL amyloidosis and various acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis, Tuberculosis and diabetes Mellitus Type 2. For more information about these probable conditions, click here.

Appeal

The VA has a procedure for appealing their decision to award or deny benefits. The first step is filing a Notice Of Disagreement. Your VA-accredited attorney may make this filing on your behalf however, if not, you are able to file it yourself. This form is used to inform the VA you disagree with their decision and that you'd like a higher-level analysis of your case.

There are two ways to get a more thorough review, both of which you should take into consideration. You can request a personal meeting with a Decision Review Officer in your local office. The DRO will conduct a de novo review (no deference to the earlier decision) and either reverse or affirm the earlier decision. You may or not be allowed to submit new evidence. Another option is to request an appointment before an Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

It is crucial to discuss all of these factors with your VA-accredited lawyer. They'll have experience and know what's best for your situation. They are also aware of the challenges faced by disabled veterans and can be an effective advocate for you.

Time Limits

If you suffer from a physical or mental impairment that was caused or aggravated during military service, then you may file a claim to receive compensation. But you'll need to be patient when it comes to the VA's process of review and deciding on your claim. You could have to wait up to 180 calendar days after submitting your claim before you receive a decision.

There are many factors that affect the time the VA will take to make an assessment of your claim. The amount of evidence submitted will play a big role in the speed at which your claim is evaluated. The location of the VA field office that will be reviewing your claim could also impact the length of time it takes.

The frequency you check in with the VA regarding the status of your claim could also affect the time it takes to process your claim. You can speed up the process by providing evidence whenever you can by being specific with your address details for the medical facilities you use, and submitting any requested information as soon as it is available.

You can request a more thorough review if you feel that the decision you were given regarding your disability was not correct. You'll need to provide all the facts regarding your case to a knowledgeable reviewer, who will determine whether there was a mistake in the initial decision. The review doesn't include any new evidence.