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How to File a Veterans Disability Claim

A veteran's disability claim is a critical part of their benefit application. Many veterans get tax-free income after their claims are approved.

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

Aggravation

A veteran may be able get disability compensation in the event of a condition made worse by their military service. This kind of claim is known as an aggravated disability. It could be either physical or mental. A VA lawyer who is certified can help an ex-military person make an aggravated disability claim. The claimant must demonstrate through medical evidence or independent opinions that their medical condition prior [Redirect-Meta-1] to serving was aggravated by active duty.

Typically the best way to demonstrate that a condition prior to service was made worse is by obtaining an independent medical opinion by an expert doctor who is specialized in the disabled veteran. In addition to the physician's statement, the veteran must also submit medical records and lay statements from family or [Redirect-302] friends who attest to their pre-service condition.

In a veterans disability claim it is crucial to remember that the aggravated condition has to be distinct from the initial disability rating. An attorney for disability can guide the former service member on how to provide sufficient medical evidence and proof that their condition was not only caused through military service, but was worse than it would have been had it not been for the aggravating factor.

In addressing this issue VA is proposing to realign the two "aggravation" standards contained in its regulations - 38 CFR 3.306 and 3.310. The differing wording of these regulations has led to confusion and controversy in the process of claiming. The inconsistent use of words such as "increased disability" and "any increased severity" have been the cause of litigation.

Conditions of Service

To be eligible for benefits a veteran must prove that their impairment or illness was caused by service. This is referred to as "service connection." For some diseases, such as ischemic heart disease or other cardiovascular diseases that develop due to specific service-connected amputations, a service connection is automatically granted. stillwater veterans disability lawyer suffering from other ailments such as PTSD, must provide witness testimony or lay evidence from those who were their friends during their time in the military to connect their condition to an specific incident that occurred during their time in the military.

A preexisting medical condition could also be service-related if it was aggravated through active duty and not due to the natural progression of the disease. The most effective method to establish this is by submitting the opinion of a doctor that the ailment was due to service and not just the normal progress of the condition.

Certain injuries and illnesses are believed to have been caused or aggravated by service. These are called "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea chico veterans disability lawyer radiation exposure in Prisoners of War and other Gulf War conditions. Certain chronic diseases and tropical diseases are presumed to have been caused or aggravated from service. This includes AL amyloidosis, as well as other acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis Tuberculosis and Diabetes Mellitus Type 2. Click here for more information about these probable diseases.

Appeal

The VA has a process to appeal their decision as to whether or not they will grant benefits. The first step is filing a Notice Of Disagreement. Your VA-accredited attorney may file this on your behalf however, if not, you are able to file it yourself. This form is used by the VA to let them know that you are not satisfied with their decision and want a higher level review of your case.

You have two options for a higher level review. Both should be considered carefully. You can request a personal meeting with a Decision Review Officer at your local office. The DRO will conduct a review de novo (no deference to the previous decision) and either overturn or uphold the earlier decision. You could or might not be able to present 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's important to discuss all of these issues with your lawyer who is accredited by the VA. They will have experience in this field and know what makes the most sense for your particular case. They also know the issues faced by disabled veterans, which can make them an effective advocate for you.

Time Limits

You can claim compensation if you suffer from a disability that was acquired or worsened during your time in the military. You'll have to be patient while the VA examines and decides on your application. You may have to wait up to 180 calendar days after filing your claim to receive an answer.

Many factors influence how long it takes the VA to consider your claim. The speed at which your claim will be reviewed is largely determined by the volume of evidence you submit. The location of the VA field office which will be evaluating your claim can also influence the length of time it takes.

Another factor that can impact the length of time it takes your claim to be processed is how often you contact the VA to check its progress. You can help accelerate the process by providing evidence as soon as you can and being specific in your address information for the medical facilities you utilize, and providing any requested information when it becomes available.

You can request a more thorough review if you feel that the decision based on your disability was not correct. You will need to submit all the facts regarding your case to a knowledgeable reviewer, who can determine whether there an error in the initial decision. But, this review will not include new evidence.