• 목록
• 답변
• 글쓰기
• 게시판 리스트 옵션
  • 수정
  • 삭제

How to File a Veterans Disability Claim

A veteran's disability claim is an important element of their benefit application. Many veterans are eligible for tax-free income after their claims are approved.

It's not secret that VA is behind in processing veteran disability claims. The decision could take months or even years.

Aggravation

Veterans could be eligible for disability compensation in the event that their condition was aggravated due to their military service. This type of claim is referred to as an aggravated disability. It could be mental or physical. A competent VA lawyer can help the former soldier submit an aggravated claim. The claimant must prove via medical evidence or independent opinions, that their pre-service condition was made worse by active duty.

A physician who is an expert in the condition of the veteran will be able to provide an independent medical opinion that will demonstrate the seriousness of the pre-service condition. In addition to the doctor's report, the veteran must also provide medical records as well as the lay statements of family or friends who can attest to their pre-service condition.

It is crucial to remember when submitting a claim for disability benefits for veterans that the aggravated condition must be different from the original disability rating. A disability lawyer can guide an ex-servicemember on how they can provide enough medical evidence and evidence to show that their health condition was not merely aggravated through military service, but was worse than it would have been had it not been for the aggravating factor.

VA proposes to revise its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The different language of these provisions has created confusion and disagreement regarding the claims process. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the cause of litigation.

Service-Connected Terms

For a veteran to qualify for benefits, they must demonstrate that their disability or illness is related to service. This is known as showing "service connection." Service connection is granted automatically in certain circumstances, including Ischemic heart diseases or any other cardiovascular diseases that develop due to specific service-connected amputations. Veterans suffering from other ailments such as PTSD are required to provide lay testimony or lay evidence from those who knew them during their time in the military to connect their condition to a specific incident that occurred during their military service.

A preexisting medical problem could be a result of service if it was aggravated by active duty and not through natural progress of the disease. The most effective method to prove this is to present the doctor's opinion that the aggravation was due to service, and not the normal progression of the disease.

Certain illnesses and injuries are believed to be caused or aggravated by the 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 assumed to have been aggravated or triggered by service. This includes AL amyloidosis and various acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis Tuberculosis as well as Diabetes Mellitus Type 2. For more details on these presumptive diseases, 133.6.219.42 click here.

Appeal

The VA has a system for appealing their decision to grant or deny benefits. The first step is filing an appeal called a Notice of Disagreement. If your VA-accredited lawyer does not complete this task for you, then you're able to do it on your own. This form is used by the VA to inform them that you disagree with their decision, and would prefer a more thorough review of your case.

You have two options for a more thorough review. Both options should be considered carefully. You can request a private meeting with a Decision Review Officer in your local office. The DRO will conduct a de novo review (no deference to the earlier decision) and either overturn or uphold the earlier decision. It is possible that you will be able not be required to present new evidence. The other path is to request an appointment before a Veterans Law Judge from the Board of veterans disability lawyers' Appeals in Washington, D.C.

It's important to discuss these issues 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 help them become more effective advocates on your behalf.

Time Limits

If you have a disability which was created or worsened during military service, then you can file a claim to receive compensation. It is important to be patient while the VA examines and decides on your application. It may take up to 180 days after the claim has been filed before you receive an answer.

Many factors affect the time it takes for VA to determine your claim. The amount of evidence you provide will play a big role in how quickly your application is evaluated. The location of the VA field office which will be reviewing your claim will also affect the length of time required to review.

Another factor that can affect the time it takes your claim to be processed is how often you contact the VA to check the status of your claim. You can accelerate the process of filing a claim by making sure to submit all evidence as swiftly as possible, providing specific details about the medical facility you use, as well as sending any requested information.

If you think there was an error in the determination of your disability, you may request a more thorough review. You'll have to submit all of the facts about your case to an experienced reviewer, who can determine whether there an error in the initial decision. The review doesn't include any new evidence.