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How to File a Veterans Disability Claim

The claim of disability for a veteran is an important component of the application process for benefits. Many Haysville veterans disability lawyer who have their claims approved receive an additional monthly income that is tax-free.

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

Aggravation

Veterans may be eligible for disability compensation in the event that their condition was aggravated by their military service. This type of claim may be mental or physical. A competent VA lawyer can assist the former service member to file an aggravated disability claim. A claimant must demonstrate either through medical evidence or an independent opinion, that their pre-service condition was made worse by active duty.

Typically the best way to prove that a pre-service condition was made worse is by obtaining an independent medical opinion by an expert doctor who is specialized in the disability of veterans. In addition to the doctor's opinion, the veteran should also submit medical records and lay statements from family or friends who can attest to their pre-service condition.

In a harvard veterans disability lawyer disability claim it is essential to remember that the condition that is aggravated must be distinct from the initial disability rating. A disability lawyer can assist the former service member provide sufficient medical evidence and testimony 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 hadn't been present.

In addressing this issue, VA is proposing to align the two "aggravation" standards in its regulations 38 CFR 3.306 and 3.310. The differing wording of these provisions has led to confusion and controversies during the process of claiming. The inconsistent use of phrases such as "increased disability" and "any increased severity" are the main cause of litigation.

Conditions that are associated with Service

To be eligible for benefits veterans must prove his or her disability or illness was caused by service. This is known as showing "service connection." For some conditions, like ischemic heart disease, or other cardiovascular diseases that develop because of service-connected amputations, a service connection is automatically granted. For other conditions, like PTSD douglasville veterans disability lawyer have to present lay evidence or testimony from people who were close to them in the military, to connect their condition to a specific incident that occurred during their service.

A pre-existing medical condition can also be service related when it was made worse due to active duty service, and not the natural progression of disease. It is advisable to provide an official report from a doctor that explains that the deterioration of the condition was caused by service, and not simply the natural progression.

Certain illnesses and injuries are believed to be caused or aggravated by service. They are known as "presumptive illnesses." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in Prisoners of War and other Gulf War conditions. Certain chronic diseases and tropical diseases are thought to be resulted or aggravated by military service. This includes AL amyloidosis and various acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis and diabetes Mellitus Type 2. For more information on these probable conditions, click here.

Appeal

The VA has a process to appeal their decision on whether or not to award 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, you are able to complete it on your own. This form allows you to inform the VA you disagree with their decision and that you want a higher-level review of your case.

There are two options available for an additional level review. Both options should be carefully considered. One is to request a private hearing with a Decision Review Officer at your regional office. The DRO will conduct an de novo review (no deference to the decision made previously) and either overturn or affirm the earlier decision. You could or haysville veterans disability lawyer might not be able to submit new evidence. The alternative is to request a hearing with a Veterans Law Judge at the Board of lodi veterans disability' Appeals in Washington, D.C.

It's important to discuss all of these factors with your VA-accredited lawyer. They'll have experience in this field and know the best option for your particular situation. They are also aware of the challenges faced by disabled veterans 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 during your time in the military. You'll have to be patient while the VA evaluates and makes a decision on your claim. It could take as long as 180 days after your claim is filed before you are given a decision.

Many factors affect the time it takes for the VA to determine your claim. The amount of evidence that you submit will play a big role in the speed at which your application is evaluated. The location of the field office responsible for your claim will also impact how long it will take for the VA to review your claim.

The frequency you check in with the VA on the status of your claim can affect the length of time it takes to process. You can speed up the process by sending all documentation as quickly as you can, and providing specific information regarding the medical care facility you use, and sending any requested details.

If you believe that there was a mistake in the decision on your disability, then you can request a higher-level review. This involves submitting all facts that exist in your case to an expert reviewer who can determine whether there was an error in the initial decision. However, this review can't include new evidence.