How to File a Veterans Disability Claim

The veteran’s claim for disability is a key element of the application for benefits. Many veterans who have their claims approved receive additional income each month that is tax-free.

It’s not a secret that VA is behind in processing veteran disability claims. A decision can take months or even years.

Aggravation

A veteran might be able get disability compensation in the event of a condition caused by their military service. This type of claim is known as an aggravated disability and can be either mental or physical. A VA lawyer who is certified can help an ex-military member file an aggravated disabilities claim. A claimant must demonstrate, through medical evidence or independent opinions, that their condition prior to service was made worse by active duty.

A doctor who is an expert in the condition of the veteran can provide an independent medical opinion proving the severity of the condition prior to service. In addition to a doctor’s report, the veteran will also be required to provide medical records as well as lay statements from family members or friends who can testify to the severity of their pre-service conditions.

When a claim for disability benefits from veterans it is important to note that the aggravated condition must be distinct from the original disability rating. A disability lawyer can assist the former service member provide sufficient medical evidence and testimony in order to prove that their original condition wasn’t just aggravated because of military service, but was also more severe than what it would have been had the aggravating factor hadn’t been present.

VA proposes to revise its two “aggravation standards” in its regulations, 38 CFR 3.306 & 3.310. The different wording in these regulations has led to confusion and controversy in the claims process. Specifically, the incongruent use of phrases such as “increase in disability” and “any increase in severity” is the cause of litigation and confusion.

Conditions Associated with Service

To be eligible for benefits Veterans Disability Lawyer must prove his or her impairment or illness was caused by service. This is known as proving “service connection.” Service connection is automatically granted for certain conditions, such Ischemic heart diseases or any other cardiovascular disease that develops because of specific service-connected amputations. veterans disability attorney with other conditions, like PTSD, must provide the evidence of lay witnesses or from those who were their friends during their service to establish a connection between their condition to a specific incident that occurred during their time in the military.

A preexisting medical condition may be a result of service in the event that it was aggravated by their active duty service and not due to the natural progression of the disease. The most effective way to prove this is by providing the doctor’s opinion that the ailment was due to service and not the normal development of the condition.

Certain illnesses and injuries are believed to be caused or aggravated by service. They are known as “presumptive diseases.” This includes exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in prisoner of war, and numerous Gulf War conditions. Some chronic diseases and tropical diseases are presumed to have been caused or aggravated by service. This includes AL amyloidosis and other acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis, Tuberculosis and diabetes Mellitus Type 2. Click here for more information regarding these presumptive diseases.

Appeals

The VA has a procedure to appeal their decision to grant or deny benefits. The first step is to file a Notice Of Disagreement. Your VA-accredited attorney is likely to file this on your behalf but if not, you can file it yourself. This form is used to notify the VA that you are not satisfied with their decision and that you’d like to have a more thorough review of your case.

There are two options to request a more thorough review. Both should be carefully considered. One is to request a personal hearing with an officer from the Decision Review Office at your regional office. The DRO will conduct a de novo appeal (no deference given to the earlier decision) and either overturn or confirm the earlier decision. You could or might not be able to submit new evidence. Another option is to request an interview with an Veterans 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 in this field and know the best option for your specific case. They are also aware of the challenges faced by disabled veterans and can be an effective advocate on your behalf.

Time Limits

If you suffer from a physical or mental impairment that was caused or aggravated in the military, you can file a claim to receive compensation. However, you’ll need patient with the VA’s process for taking a look at and deciding on your claim. You could have to wait up to 180 calendar days after filing your claim before receiving a decision.

Numerous factors can affect how long it takes the VA to consider your claim. The speed at which your application will be considered is mostly determined by the volume of evidence you have submitted. The location of the field office handling your claim will also impact the time it takes for the VA to review your claims.

Another factor that can impact the time it takes for your claim to be processed is the frequency at which you contact the VA to inquire about the status of your claim. You can speed up the process by submitting all evidence as quickly as you can, including specific information regarding the medical facility you use, as well as providing any requested information.

You can request a higher level review if you believe that the decision based on your disability was wrong. You’ll have to submit all the facts regarding your case to a knowledgeable reviewer who will determine whether there an error in the initial decision. This review does not include any new evidence.

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