How to File a Veterans Disability Claim

The claim of a disabled veteran is a vital part of submitting an application for benefits. Many veterans who have their claims accepted receive additional monthly income which is tax-free.

It's no secret that VA is a long way behind in processing disability claims made by veterans. It can take months or even years for vimeo a decision to be made.

Aggravation

A veteran could be eligible to claim disability compensation for an illness that was worsened by their military service. This type of claim may be mental or physical. A competent VA lawyer can help the former service member file an aggravated disability claim. A claimant has to prove by proving medical evidence or an independent opinion, that their medical condition prior to service was aggravated by active duty.

Typically the most effective way to prove that a pre-service condition was aggravated is through an independent medical opinion from an expert in the disabled veteran. In addition to the doctor's opinion the veteran will also be required to provide medical records and lay assertions from family or friends who can testify to the seriousness of their pre-service ailments.

It is important to note when submitting a claim for disability benefits for veterans that the aggravated condition must differ from the original disability rating. A disability attorney can advise the former soldier on how to provide the proper medical evidence and evidence to show that their original condition was not only aggravated through military service, but was worse than it would have been without the aggravating factor.

In order to address this issue VA proposes to re-align the two "aggravation" standards within 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 filing claims. Specifically, the incongruent usage of terms such as "increase in disability" and "any increase in severity" has led to a lot of disputes and confusion.

Service-Connected Conditions

To be eligible for benefits the veteran must prove that the cause of their disability or illness was caused by service. This is known as proving "service connection." Service connection is granted automatically for certain conditions, like Ischemic heart disease or another cardiovascular diseases that arise because of specific amputations that are connected to service. For other conditions, Vimeo such as PTSD sikeston veterans disability attorney are required to provide documents or evidence from people who knew them in the military to prove their condition to a specific incident that took place during their time in service.

A pre-existing medical condition could be a service-related issue if it was aggravated because of active duty and not due to the natural progression of disease. It is best to provide the doctor with a report explaining that the aggravation of the condition was caused by service, not just the natural progression.

Certain illnesses and injuries may be presumed to be caused or aggravated by treatment. They are known as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans and radiation exposure in Prisoners of War, and various Gulf War conditions. Some chronic diseases and tropical diseases are assumed to have been aggravated or triggered by service. These are AL amyloidosis and chloracne as well as other acne-related diseases, porphyria cutanea tarda, tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. For more information about these presumptive conditions, visit here.

Appeal

The VA has a system for appealing their decision to award or deny benefits. The first step is to file a Notice Of Disagreement. The VA-accredited attorney you have chosen will submit this form on your behalf but if not, you are able to file it yourself. This form allows you to inform the VA that you are not satisfied with their decision and that you'd like a higher-level analysis of your case.

There are two options for higher-level review. Both options should be carefully considered. One option is to request a private hearing with the Decision Review Officer in your regional office. The DRO will conduct a de novo appeal (no deference given to the earlier decision) and either reverse or uphold the earlier decision. You might or may not be allowed to submit new evidence. Another option is to request an appointment with an Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.

It is crucial to discuss these aspects with your VA-accredited attorney. They will have experience and Vimeo know the best option for your situation. They also understand the challenges faced by disabled veterans and can be more effective advocates on your behalf.

Time Limits

If you suffer from a disability that was incurred or worsened in the military, you can file a claim to receive compensation. However, you'll need patient when it comes to the process of reviewing and deciding on your claim. It may take up to 180 days after your claim is filed before you get an answer.

There are many factors that can affect how long the VA will take to reach a decision on your claim. The speed at which your application will be reviewed is largely determined by the volume of evidence that you submit. The location of the field office that handles your claim will also affect how long it takes for the VA to review your claim.

The frequency you check in with the VA regarding the status of your claim could influence the time it takes to process. You can accelerate the process by providing all evidence as fast as you can. You should also provide specific details regarding the medical care facility you use, as well as providing any requested information.

If you believe there has been a mistake in the decision made regarding your disability, you can request a higher-level review. This involves submitting all the evidence in your case to a senior reviewer who can determine whether there was an error in the initial decision. However, this review can't include any new evidence.