How to File a Veterans Disability Claim

A veteran's disability claim is an essential element of their benefit application. Many charlottesville veterans disability lawyer get tax-free income after their claims are approved.

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

Aggravation

A veteran may be able to claim disability compensation for an illness that was caused by their military service. This type of claim may be physical or mental. A VA lawyer who is competent can assist a former military member file an aggravated disabilities claim. A claimant must prove using medical evidence or an independent opinion, that their medical condition prior to serving was aggravated due to active duty.

Typically the best way to demonstrate that a pre-service condition was aggravated is to get an independent medical opinion from an expert doctor who is specialized in the disabled veteran. In addition to a physician's declaration in addition, the veteran will require medical records and lay declarations from family members or friends who can confirm the extent of their pre-service injuries.

It is crucial to remember in a claim to be disabled by a veteran that the aggravated condition must be different from the original disability rating. A disability lawyer can guide an ex-servicemember on how to provide sufficient medical evidence and testimony to establish that their original condition was not only caused by military service, but actually worse than it would have been without the aggravating factor.

In order to address this issue VA is proposing to realign the two "aggravation" standards contained in its regulations 38 CFR 3.306 and 3.310. The different language of these provisions has led to confusion and debate in the claims process. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the root of litigation.

Conditions that are associated with Service

For a veteran to qualify for benefits, they have to prove that their disability or illness is linked to service. This is known as proving "service connection." For certain diseases, such as ischemic heart disease, or other cardiovascular diseases that arise as a result of specific service-connected amputations, service connection is granted automatically. Veterans suffering from other conditions like PTSD are required to provide lay testimony or evidence from people who were close to them during their time in service to connect their condition with a specific event that occurred during their time in the military.

A pre-existing medical issue can also be service related in the event that it was aggravated due to active duty service and not as a natural progression of disease. It is best to provide the doctor with a report explaining that the aggravation of the condition was due to service, and not the natural progression.

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 for Vietnam and Korean veterans and radiation exposure in Prisoners of War, and different Gulf War conditions. Certain chronic diseases and tropical diseases are thought to be resulted or aggravated by military service. These include AL amyloidosis and chloracne as well as other acne-related conditions, porphyria cutanea tarda, tuberculosis, multiple sclerosis and diabetes mellitus type 2. For more details on these presumptive conditions, click here.

Appeals

The VA has a procedure for appealing their decision to grant or deny benefits. The first step is to file a Notice Of Disagreement. Your VA-accredited attorney may submit this form on your behalf but 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 want a higher level review of your case.

There are two options for an upscale review that you should consider carefully. You can request a private meeting with an official from the Decision Review Office at your local office. The DRO will conduct a de novo appeal (no deference given to the decision made previously) and either reverse or confirm the earlier decision. You may or may not be allowed to submit new evidence. The other option is to request a hearing before a fort lupton veterans disability Lawsuit Law Judge from the Board of Veterans' Appeals in Washington, D.C.

It is crucial to discuss these aspects with your VA-accredited lawyer. They'll have experience and know what's best for your situation. They also know the challenges faced by disabled veterans, which makes them an ideal advocate for you.

Time Limits

You can seek compensation if you suffer from an impairment that you acquired or worsened during your time in the military. But you'll have to be patient when it comes to the VA's process for taking a look at and deciding on your claim. It could take up to 180 days after your claim is filed before you receive an answer.

Many factors affect how long it takes the VA to consider your claim. The speed at which your claim will be considered is mostly determined by the quantity of evidence you have submitted. The location of the VA field office who will review your claim can also influence the time it takes to review your claim.

The frequency you check in with the VA to see the status of your claim can also affect the time it takes to process. You can accelerate the process by submitting all evidence as quickly as you can, including specific information about the medical care facility you use, as well as providing any requested information.

If you believe that there has been a mistake in the decision on your disability, you are able to request a higher-level review. This requires you to submit all evidence in your case to an expert reviewer who can determine if there was an error in the original decision. However, this review cannot include new evidence.