How to File a Veterans Disability Claim

A veteran's disability claim is a critical component of his or her benefit application. Many veterans are eligible for tax-free income when their claims are approved.

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 may be able to claim disability compensation for a condition made worse by their military service. This type of claim could be physical or mental. A qualified VA lawyer can assist the former soldier file an aggravated disability claim. A claimant must prove using medical evidence or independent opinions that their pre-service medical condition was made worse by active duty.

Typically, the most effective way to prove that a condition prior to service was made worse is by obtaining an independent medical opinion from an expert in the disabled veteran. In addition to the doctor's opinion in addition, the veteran will be required to provide medical records and lay assertions from friends or family members who are able to confirm the severity of their pre-service condition.

In a claim for disability benefits for winterville veterans disability lawsuit it is important to note that the condition being aggravated has to be different from the original disability rating. A disability attorney can advise the former service member on how to provide the proper medical evidence and proof that their condition was not just aggravated through military service, but actually worse than it would have been without the aggravating factor.

In addressing this issue VA proposes to re-align the two "aggravation" standards contained in its regulations - 38 CFR 3.306 and 3.310. The differences in the language of these provisions has led to confusion and controversy during the process of filing claims. The inconsistent use of words such as "increased disability" and "any increased severity" have been the root of litigation.

Service-Connected Terms

To be eligible for benefits, they must demonstrate that their disability or illness is connected to service. This is known as "service connection." For some conditions, like ischemic heart disease or other cardiovascular diseases that develop as a result of specific Amputations that are connected to service, the service connection is granted automatically. For other conditions, such as PTSD, veterans must provide documents or evidence from people who were their friends in the military, in order to connect their condition to an specific incident that occurred during their time of service.

A pre-existing medical condition can be service-related if it was aggravated because of active duty and not as a natural progression of disease. The most effective method to prove this is to present a doctor's opinion that states that the ailment was due to service and not the normal progression of the condition.

Certain illnesses and injuries are presumed to have been caused or worsened 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 illnesses are believed to have been aggravated or triggered by service. This includes AL amyloidosis and various acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis and spearfish Veterans disability lawsuit diabetes Mellitus Type 2. For more details on these presumptive diseases, vn.easypanme.com click here.

Appeals

The VA has a process to appeal their decision regarding whether or not to grant benefits. The first step is to file a Notice of Disagreement. If your VA-accredited lawyer does not do this for you, you are able to complete the process on your own. This form is used to tell city veterans disability Attorney the VA that you are not satisfied with their decision and you would like a more thorough review of your case.

There are two options available for higher-level review. Both should be considered carefully. You can request a personal meeting with an official from the Decision Review Office at your local office. The DRO will conduct a de novo appeal (no deference to the previous decision) and either overturn or confirm the earlier decision. It is possible that you will be able not to submit new proof. You may also request a hearing before an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It's important to discuss all of these factors with your VA-accredited lawyer. They will have experience in this area and will know what makes the most sense for your specific case. They are also aware of the challenges that disabled veterans face and can be a stronger advocate for you.

Time Limits

You can apply for compensation if you have a disability that was acquired or worsened during your time in the military. But you'll have to be patient when it comes to the process of taking a look at and deciding on the merits of your claim. You could have to wait up to 180 calendar days after filing your claim before receiving a decision.

Many factors can influence how long it takes the VA to determine your claim. The amount of evidence you submit will play a major role in how quickly your application is considered. The location of the VA field office that will be reviewing your claim can also impact 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 progress of your claim. You can speed up the process by submitting your evidence whenever you can, being specific in your details regarding the address of the medical facilities you use, and submitting any requested information as soon as it is available.

You could request a higher-level review if you believe the decision made on your disability was not correct. You'll have to submit all the details of your case to a knowledgeable reviewer, who can determine whether there an error in the original decision. However, this review cannot include any new evidence.