How to File a Veterans Disability Claim

A veteran's disability claim is an essential component of his or her benefit application. Many veterans receive tax-free income after their claims are approved.

It's no secret that the VA is a long way behind in processing disability claims for veterans. The decision could take months or even years.

Aggravation

A veteran may be able to receive compensation for disability due to the condition that was worsened due to their military service. This type of claim can be mental or physical. A competent VA lawyer can help former service members make an aggravated disability claim. The claimant must demonstrate through medical evidence or independent opinions, that their medical condition prior to service was made worse due to active duty.

A doctor who is an expert on the disability of the veteran can offer an independent medical opinion that demonstrates the seriousness of the pre-service condition. In addition to a doctor's report 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 conditions.

In a claim for a disability benefit for veterans it is crucial to keep in mind that the aggravated condition must be distinct from the initial disability rating. A disability lawyer can guide a former servicemember on how to provide the proper medical evidence and proof that their original condition was not only caused through military service, but was 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 difference in the wording of these provisions has led to confusion and controversies regarding the claims process. The inconsistent use of words such as "increased disability" and "any increased severity" have been the root of litigation.

Service-Connected Conditions

To qualify for benefits, a veteran must prove that his or her impairment or illness was caused by service. This is known as proving "service connection." For some ailments, like ischemic heart disease, or other cardiovascular diseases that manifest because of services-connected amputations is automatically granted. For other conditions, like PTSD veterans have to present witnesses or lay evidence from people who knew them in the military, in order to connect their illness to a specific incident that occurred during their service.

A preexisting medical condition may also be service-connected when it was made worse by active duty and not through natural progression of the 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 the natural progress of the disease.

Certain ailments 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 radiation exposure in Prisoners of War and various Gulf War conditions. Certain chronic diseases and tropical illnesses are also believed to have been caused or caused by military service. This includes AL amyloidosis, as well as other acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis Tuberculosis, and Diabetes Mellitus Type 2. For more details on these presumptive conditions, click here.

Appeal

The VA has a procedure to appeal their decision regarding whether or not to award benefits. The first step is to make a notice of disagreement. If your VA-accredited lawyer does not complete this task for the client, then you must complete the process on your own. This form is used by the VA to inform them that you are not satisfied with their decision and would like a more thorough review of your case.

There are two ways to get an upscale review one of which you should take into consideration. One is to request a personal hearing with a Decision Review Officer at your regional office. The DRO will perform a de novo (no consideration is given to prior decisions) review and either overturn the earlier decision or maintain the decision. You may be able or not required to submit a new proof. You can also request an appearance before an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It's important to discuss these issues with your VA-accredited lawyer. They'll have experience in this area and will know what makes sense for your particular situation. They also understand the challenges faced by disabled metropolis veterans disability attorney and gokseong.multiiq.com can help them become an effective advocate for you.

Time Limits

You can claim compensation if you suffer from an illness that you developed or worsened in the course of serving in the military. You'll have to be patient as the VA reviews and decides on your application. It could take up to 180 days after your claim is submitted before you get an answer.

There are a variety of factors that affect the time the VA will take to reach an informed decision on your claim. The amount of evidence you submit will play a big role in the speed at which your application is considered. The location of the field office that handles your claim also influences how long it will take for the VA to review your claim.

How often you check in with the VA to check the status of your claim could affect the length of time it takes to process. You can accelerate the process by making sure to submit all evidence as swiftly as you can, including specific information regarding the medical care facility you use, and sending any requested details.

If you believe there was a mistake in the decision on your disability, you may request a more thorough review. You'll have to submit all the facts of your case to a knowledgeable reviewer, who will determine whether there was a mistake in the initial decision. This review does not contain any new evidence.