How to File a Veterans Disability Claim

The claim of a veteran for disability is a key part of the application for benefits. Many veterans who have their claims approved receive additional monthly income which is tax-free.

It's no secret that VA is behind in processing veteran disability claims. The decision could take months or even years.

Aggravation

A veteran could be eligible to claim disability compensation for a condition that was caused by their military service. This kind of claim can be physical or mental. A licensed VA lawyer can help the former service member file an aggravated disability claim. A claimant has to prove through medical evidence or an independent opinion, that their pre-service medical condition was aggravated due to active duty.

Typically, the best way to demonstrate that a pre-service issue was made worse is by obtaining an independent medical opinion from a physician who specializes in the disabled veteran. In addition to the doctor's statement the veteran must also submit medical records and statements from relatives or friends who can attest to their pre-service condition.

It is crucial to remember in a claim for a disability benefit for morton veterans Disability lawsuit that the conditions that are aggravated must be different from the original disability rating. A disability lawyer can help former service members provide the necessary medical evidence and testimony to show that their initial condition wasn't merely aggravated due to military service, but it was worse than it would have been if the aggravating factor had not been present.

VA proposes to rewrite its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The differences in the language of these provisions has created confusion and controversies during the process of filing claims. Specifically, the incongruent usage of terms such as "increase in disability" and "any increase in severity" is the cause of disputes and confusion.

Service-Connected Terms

To qualify a veteran for benefits, they must demonstrate that their illness or disability is connected to service. This is known as proving "service connection." For some conditions, like Ischemic heart disease or other cardiovascular diseases that manifest due to specific services-connected amputations is granted automatically. For other conditions, like PTSD veterans are required to provide the evidence of laypeople or people who were close to them in the military, to link their condition to a specific incident that took place during their service.

A pre-existing medical condition can be a service-related issue in the case that it was aggravated due to active duty service and not as a natural progression of disease. The best method to demonstrate this is to provide the doctor's opinion that the aggravation was due to service, and not the normal progress of the condition.

Certain injuries and illnesses are presumed to have been caused or aggravated due to service. They are known as "presumptive diseases." This includes exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in Prisoners of War, and different Gulf War conditions. Some chronic diseases and tropical illnesses are also believed to have been caused or caused by service. These include AL amyloidosis and chloracne as well as other acneform diseases such as porphyria cutanea tarda tuberculosis, multiple sclerosis and diabetes mellitus type 2. Click here for more details regarding these presumptive diseases.

Appeal

The VA has a system for appealing their decision to award or deny benefits. The first step is to make a notice of disagreement. Your VA-accredited attorney is likely to submit this form on your behalf but if not, you are able to file it yourself. This form is used by the VA to let them know that you disagree with their decision and want a higher level review of your case.

There are two ways to get a more thorough review that you should carefully consider. You can request a private meeting with a Decision Review Officer at your local office. The DRO will conduct a de novo (no review is given to the previous decisions) review and either reverse the earlier decision or confirm the decision. You may or may not be allowed to submit new evidence. You may also request an interview with a santa fe veterans disability law firm Law judge at the Board of Veterans' Appeals, Washington D.C.

It's important to discuss these issues with your VA-accredited attorney. They will have experience in this field and know what makes sense for your particular situation. They are also familiar with the difficulties faced by disabled veterans and can be a better advocate for you.

Time Limits

You may be eligible for compensation if you have an impairment that you acquired or worsened as a result of serving in the military. However, you'll need to be patient when it comes to the process of reviewing and deciding on the merits of your claim. It may take up to 180 days after the claim has been filed before you get a decision.

There are many variables which can impact the length of time the VA will take to make an assessment of your claim. How quickly your claim will be reviewed is largely determined by the volume of evidence you have submitted. The location of the field office that is responsible for your claim will also affect the time it takes for the VA to review your claims.

Another aspect that could affect the length of time it takes your claim to be processed is the frequency at which you contact the VA to inquire about its progress. You can help accelerate the process by providing evidence as soon as possible and being specific in your details regarding the address of the medical care facilities you use, and sending any requested information as soon as it is available.

If you think there was an error in the decision regarding your disability, you are able to request a more thorough review. You must submit all the details of your case to an experienced reviewer who will determine whether there an error in the initial decision. But, this review will not include new evidence.