How to File a veterans disability, recent Pe blog post, Claim
A veteran’s disability claim is a crucial part of their benefit application. Many veterans disability attorneys earn tax-free earnings after their claims are approved.
It’s not secret that VA is behind in processing disability claims of veterans. It could take months, even years, for a decision to be made.
Aggravation
Veterans may be qualified for disability compensation if their condition was aggravated due to their military service. This kind of claim can be either mental or physical. A skilled VA lawyer can assist the former service member to file an aggravated disability claim. A claimant has to prove by proving medical evidence or an independent opinion, that their pre-service medical condition was made worse due to active duty.
Typically, the best way to prove that a condition prior to service was aggravated is to get an independent medical opinion from a physician who specializes in the disabled veteran. In addition to a doctor’s statement, the veteran will also need to submit medical records as well as lay statements from friends or family members who can confirm the severity of their pre-service conditions.
In a veterans disability claim, it is important to remember that the aggravated condition must be distinct from the initial disability rating. A disability lawyer can help a former servicemember provide enough medical evidence and testimonies to prove that their original condition wasn’t merely aggravated due to military service but was also more severe than it would have been if the aggravating factor had not been present.
In addressing this issue, VA proposes to re-align the two “aggravation” standards in its regulations – 38 CFR 3.306 and 3.310. The differing language used in these regulations has caused confusion and controversy in the claims process. The inconsistent use of terms such as “increased disability” and “any increased severity” have been the cause of litigation.
Service-Connected Conditions
To qualify for benefits, a veteran must prove that their impairment or illness was caused by service. This is known as “service connection.” Service connection is granted automatically for certain conditions, such Ischemic heart disease or another cardiovascular diseases that develop because of specific service-connected amputations. Veterans suffering from other conditions like PTSD are required to provide witness testimony or lay evidence from those who knew them during their service to link their condition to an specific incident that occurred during their time in the military.
A pre-existing medical issue can be a result of service when it was made worse by active duty and not as a natural progression of the disease. It is best to submit an official report from a doctor that explains that the aggravation of the condition was caused by service, and not the natural progression of the disease.
Certain ailments and injuries can be attributed to or aggravated because of treatment. These are called “presumptive diseases.” These include exposure to Agent Orange for Vietnam and Korean veterans and radiation exposure in Prisoners of War, as well as various Gulf War conditions. Certain chronic illnesses and tropical diseases are thought to be caused or aggravated from service. They include AL amyloidosis, chloracne or other acne-related disorders such as porphyria cutanea tarda tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. Click here to learn more about these presumptive illnesses.
Appeal
The VA has a procedure to appeal their decision as to whether or not they will grant benefits. The first step is to submit a Notice of Disagreement. Your VA-accredited attorney is likely to make this filing on your behalf, but if they do not, you are able to file it yourself. This form is used by the VA to inform them that you disagree with their decision, and want a higher level review of your case.
There are two options for a higher level review. Both should be carefully considered. One is to request a hearing with a Decision Review Officer from your regional office. The DRO will perform an in-person (no review of previous decisions) review and either reverse the earlier decision or uphold the decision. It is possible that you will be able not required to provide new proof. The other path is to request an interview with an Veterans Law Judge from the Board of Veterans’ Appeals in Washington, D.C.
There are many aspects to consider when selecting the best lane for your appeal, so it is important to discuss these options with your VA-accredited attorney. They will have experience in this field and know the best option for your specific case. They are also aware of the difficulties faced by disabled veterans, which can make them a stronger advocate on your behalf.
Time Limits
If you suffer from a physical or mental impairment that was incurred or worsened during your military service, you can file a claim to receive compensation. You’ll have to be patient as the VA examines and decides on your application. It could take as long as 180 days after your claim is filed before you get a decision.
There are many factors which can impact the length of time the VA takes to make a decision on your claim. The speed at which your claim will be reviewed is largely determined by the amount of evidence that you submit. The location of the field office handling your claim can also influence the time it will take for the VA to review your claims.
Another factor that could affect the length of time it takes your claim to be processed is how often you contact the VA to check the status of your claim. You can speed up the claim process by sending all documentation as quickly as you can, and providing specific details about the medical center you use, as well as sending any requested details.
If you believe there has been an error in the decision on your disability, you may request a more thorough review. 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. This review does not include any new evidence.
