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How to File a veterans disability law firm Disability Claim

The claim of a veteran for disability is a vital component of the application process for benefits. 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 or even years, for a final decision to be made.

Aggravation

Veterans could be entitled to disability compensation if their condition was aggravated by their military service. This kind of claim is known as an aggravated disability. It can be mental or physical. A VA lawyer who is certified can assist an ex-military member submit an aggravated disabilities claim. A claimant must show through medical evidence or independent opinions, that their pre-service medical condition was made worse through active duty.

Typically, the best way to prove that a condition prior to service was aggravated is to get an independent medical opinion by an expert physician who is knowledgeable about the disabled veteran. In addition to a doctor's statement the veteran will be required to provide medical records and lay declarations from family members or friends who can confirm the severity of their pre-service condition.

It is vital to remember in a claim for a disability benefit for veterans that the conditions that are aggravated must be different from the original disability rating. An attorney for disability can guide the former soldier on how to provide sufficient medical evidence and proof that their health condition was not merely aggravated through military service, but actually worse than it would have been without the aggravating factor.

In order to address this issue, VA is proposing to change the two "aggravation" standards contained in its regulations - 38 CFR 3.306 and 3.310. The differing language used in these provisions has led to confusion and controversies during the process of making claims. The incongruent use phrases like "increased disability" and "any increased severity" have been the cause of litigation.

Service-Connected Terms

To be eligible for benefits, veterans must show that their impairment or illness was caused by service. This is known as "service connection." Service connection is automatically granted for certain conditions, such ischemic heart diseases or other cardiovascular diseases that develop due to specific amputations linked to service. For firm other conditions, such as PTSD the veterans must present documents or evidence from people who were their friends in the military, in order to connect their condition with a specific incident that took place during their time of service.

A preexisting medical problem could be service-related in the case that it was aggravated by active duty and not caused by the natural progression of the disease. It is recommended to present an explanation from a doctor that the deterioration of the condition was due to service, and not simply the natural development of the disease.

Certain illnesses and injuries are believed to be caused or aggravated by service. These are known 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 suspected to have been caused or aggravated from service. These include AL amyloidosis, chloracne or other acne-related diseases and firm porphyria cutsanea tarda tuberculosis, multiple sclerosis and diabetes mellitus type 2. Click here for more information about these presumptive diseases.

Appeal

The VA has a system to appeal their decision as to the issue of whether or not to grant benefits. The first step is filing a Notice of Disagreement. Your VA-accredited attorney is likely to file this on your behalf however, if not, you may file it yourself. This form is used to tell the VA that you are not satisfied with their decision and that you'd like to have a more thorough review of your case.

There are two routes to an upper-level review that you must carefully consider. You can request a private meeting with a Decision Review Officer at your local office. The DRO will conduct a de novo appeal (no deference given to the decision made previously) and either reverse or affirm the earlier decision. You may or may not be allowed to submit new evidence. You can also request a hearing before a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It is essential to discuss these aspects with your VA-accredited attorney. They're experienced in this field and know the best option for your particular situation. They are also aware of the difficulties faced by disabled veterans, which can make them more effective advocates on your behalf.

Time Limits

If you suffer from a condition that was caused or aggravated during military service, you can file a claim to receive compensation. But you'll have to be patient during the VA's process of considering and deciding about your application. It could take up to 180 days after your claim is filed before you receive a decision.

There are a variety of factors that influence how long the VA is able to make an decision on your claim. The amount of evidence that you submit is a significant factor in how quickly your application is considered. The location of the VA field office who will review 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 the frequency at which you contact the VA to check the progress of your claim. You can speed up the claim process by sending all documentation as quickly as you can, including specific details about the medical center you use, and providing any requested details.

If you believe there was an error in the decision on your disability, you can request a higher-level review. You must submit all the facts regarding your case to an experienced reviewer, who can determine whether there was a mistake in the initial decision. However, this review cannot include any new evidence.