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How to File a Veterans Disability Claim

A veteran's disability claim is a critical element of their benefit application. Many veterans who have their claims accepted receive additional monthly income that is tax-free.

It's not a secret that VA is behind in processing disability claims of veterans. It can take months, even years for a determination to be made.

Aggravation

A veteran might be able to receive disability compensation for an illness that was worsened due to their military service. This type of claim could be mental or physical. A competent VA lawyer can help a former servicemember file an aggravated disability claim. A claimant has to prove either through medical evidence or an independent opinion, that their condition prior to service was aggravated due to active duty.

A physician who is an expert on the disability of the veteran can offer an independent medical opinion that will demonstrate the seriousness of the pre-service condition. In addition to the doctor's report, the veteran is required to submit medical records and statements from family members or friends who can attest to their pre-service condition.

In a claim for disability benefits for veterans, it is important to remember that the aggravated condition has to be distinct from the original disability rating. A disability lawyer can guide the former service member on how to provide sufficient medical evidence and testimony to establish that their original condition was not only aggravated through military service, but was worse than it would have been without the aggravating factor.

VA proposes to revise its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The differing wording of these regulations has caused confusion and disagreement during the process of making claims. The inconsistent use of words such as "increased disability" and "any increased severity" have been the source of litigation.

Conditions Associated with Service

To qualify for benefits, a veteran must prove that their impairment or illness was caused by service. This is called showing "service connection." Service connection is granted automatically for certain conditions, like Ischemic heart diseases or any other cardiovascular diseases that arise due to specific amputations connected to service. veterans disability law firms with other conditions, like PTSD and PTSD, are required to provide lay testimony or lay evidence from people who were close to them during their service to establish a connection between their condition to a specific event that occurred during their time in the military.

A pre-existing medical condition could be a service-related issue in the event that it was aggravated because of active duty and not due to the natural progression of the disease. The best way to establish this is by submitting the doctor's opinion that the aggravation was due to service, and not the normal progression of the disease.

Certain illnesses and injuries may be believed to be caused or aggravated due to service. These are referred to as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans and radiation exposure among Prisoners of War, and other Gulf War conditions. Some chronic diseases and tropical diseases are assumed to have been aggravated or caused by service. This includes AL amyloidosis and various acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis Tuberculosis and Diabetes Mellitus Type 2. For more information on these presumptive conditions, click here.

Appeal

The VA has a system to appeal their decision to award or deny benefits. The first step is to file a Notice Of Disagreement. If your VA-accredited lawyer does not complete this task for you, then you're able to complete the process on your own. This form allows you to inform the VA you disagree with their decision and that you'd like a higher-level analysis of your case.

There are two options available for a more thorough review. Both should be considered carefully. You can request a personal meeting with the Decision Review Officer at your local office. The DRO will conduct an de novo review (no deference given to the earlier decision) and either overturn or confirm the earlier decision. You may be required or wiki.streampy.at not be required to present new evidence. Another option is to request a hearing before a Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.

It is important to discuss all of these factors with your VA-accredited lawyer. They have experience and know what's best for your case. They also understand the challenges faced by disabled veterans, which can make them an effective advocate on your behalf.

Time Limits

If you have a disability that was acquired or worsened in the military, you may file a claim to receive compensation. You'll need to wait as the VA examines and decides on your claim. You may need to wait up to 180 calendar days after submitting your claim before you receive a decision.

There are a variety of factors that influence how long the VA will take to make a decision on your claim. The speed at which your application will be evaluated is largely determined by the quantity of evidence that you submit. The location of the VA field office which will be evaluating your claim can also influence how long it takes.

Another aspect that could affect the time it takes your claim to be processed is how often you contact the VA to check on its progress. You can accelerate the process by making sure to submit all evidence as swiftly as you can, including specific details regarding the medical facility you use, and providing any requested details.

If you believe there was an error in the decision on your disability, you may request a more thorough review. You'll need to provide all the details of your case to a knowledgeable reviewer, who will decide whether there an error in the initial decision. This review doesn't contain any new evidence.