How to File a Veterans Disability Claim

A veteran's disability claim is an important element of their benefit application. Many veterans earn tax-free earnings when their claims are accepted.

It's no secret that VA is behind in the process of processing claims for disability by veterans. It can take months, even years for shorl.com a determination to be made.

Aggravation

Veterans could be eligible for disability compensation in the event that their condition was aggravated by their military service. This type of claim is known as an aggravated impairment and can be either physical or mental. A VA lawyer who is qualified can assist an ex-military member to file a claim for aggravated disabilities. A claimant must prove using medical evidence or independent opinions, that their medical condition prior to serving was aggravated through active duty.

Typically the most effective way to prove that a pre-service issue was aggravated is through an independent medical opinion from an expert in the veteran's disability. In addition to a doctor's statement the veteran will also need to submit medical records and lay statements from family or friends who can confirm the extent of their pre-service injuries.

In a claim for disability benefits for veterans it is essential to note that the aggravated condition must be different from the original disability rating. A disability lawyer can help a former servicemember provide enough medical evidence and testimonies to prove that their original condition wasn't just aggravated because of military service, but that it was more severe than what it would have been if the aggravating factor weren't present.

VA proposes to revise its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The different language of these provisions has led to confusion and controversies in the claims process. The incongruent use phrases like "increased disability" and "any increased severity" are the main cause of litigation.

Service-Connected Conditions

To be eligible for benefits, they must prove that their condition or illness is connected to service. This is referred to as "service connection." Service connection is granted automatically for certain ailments, like ischemic heart diseases or other cardiovascular disease that develops as a result specific service-connected amputations. For other conditions, like PTSD veterans are required to provide the evidence of laypeople or people who knew them in the military, in order to connect their condition to an specific incident that occurred during their time of service.

A preexisting medical condition could be service-related in the event that it was aggravated by active duty and not by natural progression of the disease. The most effective way to demonstrate this is to provide the opinion of a doctor that the aggravation was due to service, and firm not the normal progress of the condition.

Certain ailments and injuries can be attributed to or aggravated because of service. These are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in prisoners of War and various Gulf War conditions. Some chronic diseases and tropical illnesses are also assumed to have been aggravated or triggered by service. These include AL amyloidosis, chloracne, other acne-related diseases such as porphyria cutanea tarda tuberculosis, multiple sclerosis and diabetes mellitus type 2. Click here for more information about these presumptive illnesses.

Appeal

The VA has a system for appealing their decision to grant or deny benefits. The first step is to submit a Notice of Disagreement. Your VA-accredited attorney may complete this for you but if not, you can do it yourself. This form is used by the VA to inform them that you disagree with their decision, and you would like a higher-level review of your case.

There are two ways to get an upscale review, both of which you should take into consideration. One option is to request a private hearing with an officer from the Decision Review Office at your regional office. The DRO will conduct a de novo review (no deference given to the previous decision) and either reverse or affirm the earlier decision. You may or may not be allowed to submit new evidence. You can also request an interview with a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It is crucial to discuss all of these issues with your lawyer who is accredited by the VA. They'll have expertise in this area and will know what makes sense for your particular situation. They also understand the challenges faced by disabled veterans and can be a stronger advocate on your behalf.

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 during the VA's process of taking a look at and deciding on your application. It could take up 180 days after the claim has been filed before you get an answer.

Many factors affect the time it takes for veterans Disability Attorney the VA to determine your claim. The speed at which your claim will be evaluated is largely determined by the volume of evidence you have submitted. The location of the VA field office which will be reviewing your claim can also influence the length of time it takes.

How often you check in with the VA on the status of your claim can affect the time it takes to complete the process. You can accelerate the process by submitting evidence whenever you can by being specific with your details regarding the address of the medical facilities you use, and submitting any requested information when it becomes available.

If you believe there has been a mistake in the decision regarding your disability, you are able to request a more thorough review. This requires you to submit all relevant facts of your case to an experienced reviewer who will determine if there was an error in the original decision. This review does not contain any new evidence.