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How to File a Veterans Disability Claim

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

It's not secret that VA is behind in the process of processing claims for disability by veterans. The process can take months or even years.

Aggravation

Veterans may be entitled to disability compensation if their condition was aggravated by their military service. This type of claim may be either mental or veterans disability law firm physical. A skilled VA lawyer can assist former service members submit an aggravated claim. A claimant has to prove via medical evidence or independent opinions, that their condition prior to service was aggravated due to active duty.

Typically, the most effective way to prove that a condition prior to service was aggravated is through an independent medical opinion by an expert physician who is knowledgeable about the disability of veterans. In addition to the doctor's statement the veteran must also provide medical records as well as lay statements from family or friends who can attest to their pre-service condition.

It is vital to remember in a claim for a disability benefit for veterans that the aggravated condition must be different from the initial disability rating. A disability lawyer can guide an ex-servicemember on how to provide the proper medical evidence and testimony to prove that their original condition was not only aggravated by military service, but was worse than it would have been had it not been for the aggravating factor.

In order to address this issue, VA is proposing to align the two "aggravation" standards within its regulations 38 CFR 3.306 and 3.310. The different language of these provisions has created confusion and debate in the process of claiming. Specifically, http://ivimall.com/ the incongruent use of terms like "increase in disability" and "any increase in severity" has led to a lot of disputes and confusion.

Service-Connected Terms

To qualify a veteran for benefits, they must demonstrate that their illness or disability is related to service. This is known as showing "service connection." For certain conditions, like ischemic heart disease, or other cardiovascular diseases that arise because of service-connected amputations, service connection is automatically granted. For other conditions, such as PTSD veterans disability lawyer are required to provide lay evidence or testimony from people who were their friends in the military, to connect their condition to a specific incident that took place during their time of service.

A preexisting medical problem could also be service-related in the case that it was aggravated by active duty and not caused by the natural progress of the disease. It is best to provide a doctor's report that explains that the deterioration of the condition was caused by service, and not simply the natural progression.

Certain ailments and injuries can be attributed to or aggravated due to treatment. They are known as "presumptive diseases." This includes exposure to Agent Orange for Vietnam and Korean veterans as well as exposure to radiation for Prisoners of War, and other Gulf War conditions. Certain chronic diseases and tropical diseases are believed to have been caused or worsened by military service. These include AL amyloidosis or chloracne, other acne-related disorders and porphyria cutsanea tarda tuberculosis and multiple sclerosis and diabetes mellitus type 2. For more information on these presumptive conditions, click here.

Appeals

The VA has a system to appeal their decision to award or deny benefits. The first step is to file an appeal called a Notice of Disagreement. If your VA-accredited lawyer does not take this step for you, you are able to do it on your own. This form is used by the VA to inform them that you do not agree with their decision, and would prefer a more thorough review of your case.

There are two options for an upscale review that you must carefully consider. You can request a personal meeting with a Decision Review Officer at your local office. The DRO will conduct an in-person (no review is given to the previous decisions) review and either reverse the previous decision or affirm it. You could or might not be able to submit new evidence. The other path is to request an appointment with an Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

It's important to discuss these aspects with your VA-accredited lawyer. They will have experience in this field and know what is the most appropriate option for your particular case. They are also well-versed in the difficulties that disabled veterans disability attorney face which makes them more effective advocates for you.

Time Limits

You can apply for compensation if you suffer from an illness that you developed or worsened in the course of serving in the military. But you'll need to be patient during the process of reviewing and deciding on your application. You may have to wait up to 180 calendar days after filing your claim to receive an answer.

Many factors affect the time it takes for VA to decide on your claim. The amount of evidence that you submit will play a significant role in how quickly your claim is considered. The location of the field office handling your claim will also impact how long it takes for the VA to review your claim.

How often you check in with the VA to check the status of your claim can also affect the time it takes to process. You can accelerate the process by sending all documentation as quickly as you can, and providing specific information about the medical care facility you use, as well as sending any requested information.

If you believe there was a mistake in the determination of your disability, you are able to request a more thorough review. You must submit all of the facts about your case to an experienced reviewer, who can determine whether there an error in the initial decision. This review does not contain any new evidence.