How to File a Veterans Disability Claim

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

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

Aggravation

A veteran could be eligible to receive compensation for disability due to an illness that was caused by their military service. This type of claim is referred to as an aggravated disability and vn.easypanme.com can be either physical or mental. A competent VA lawyer can assist a former servicemember to file an aggravated disability claim. A claimant has to prove through medical evidence or an independent opinion, that their pre-service medical condition was made worse through active duty.

Typically the best way to demonstrate that a condition prior to service was aggravated is through an independent medical opinion from an expert physician who is knowledgeable about the veteran's disability. In addition to the physician's statement, the veteran should also submit medical records and lay statements from family or friends who can attest to their pre-service condition.

In a claim for disability benefits for veterans it is important to be aware that the condition being aggravated has to be different from the original disability rating. A disability lawyer can guide the former service member on how they can provide enough medical evidence and proof that their original condition was not only aggravated by military service, but actually 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 and 3.310. The different wording in these regulations has caused confusion and controversies during the claims process. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the cause of litigation.

Conditions that are associated with Service

To be eligible for benefits a veteran must prove that the cause of their health or disability was caused by service. This is known as "service connection." Service connection is granted automatically for certain ailments, like Ischemic heart diseases or any other cardiovascular diseases that develop as a result specific amputations linked to service. For other conditions, like PTSD, laurens veterans disability Attorney must provide the evidence of laypeople or people who were their friends in the military to prove their condition to a specific incident that occurred during their time of service.

A preexisting medical issue could also be service-connected when it was made worse through active duty and not through natural progression of the disease. It is advisable to provide an explanation from a doctor that the aggravation of the condition was due to service and not the natural progress of the disease.

Certain illnesses and injuries may be thought to be caused or aggravated due to service. These are referred to as "presumptive illnesses." This includes exposure to Agent Orange in Vietnam and lawyers Korea veterans and radiation exposure among Prisoners of War and other Gulf War conditions. Certain chronic diseases and tropical diseases are presumed to have been caused or worsened by military service. These are AL amyloidosis, chloracne, other acne-related conditions, porphyria cutanea tarda, multiple sclerosis, tuberculosis, and diabetes mellitus type 2. Click here for more details about these presumptive illnesses.

Appeal

The VA has a procedure for appealing their decision to grant or deny benefits. The first step is filing an appeal called a Notice of Disagreement. Your VA-accredited attorney is likely to make this filing on your behalf however, if not, you can file it yourself. This form is used by the VA to let them know that you do not agree with their decision, and would like a more thorough review of your case.

There are two options available for higher-level review. Both options should be carefully considered. You can request a personal meeting with a Decision Review Officer in your local office. The DRO will conduct a de novo review (no deference to the earlier decision) and then either reverse or confirm the earlier decision. You could or might not be able to present new evidence. The other path is to request a hearing with a hobart veterans disability attorney Law Judge from the Board of Veterans' Appeals in Washington, D.C.

There are many factors to consider when choosing the best lane for your appeal, so it is important to discuss these issues with your attorney who is accredited by the VA. They have experience and know the best option for your case. They also know the difficulties that disabled veterans face and their families, which makes them an effective advocate for you.

Time Limits

If you suffer from a disability which was created or worsened during military service, then you could file a claim in order to receive compensation. You'll need to wait while the VA evaluates and makes a decision on your claim. It could take up 180 days after the claim has been submitted before you get a decision.

Many factors affect the time it takes for the VA to determine your claim. How quickly your claim will be reviewed is largely determined by the amount of evidence you provide. The location of the VA field office which will be reviewing your claim could also impact the length of time required to review.

Another factor that can impact the time it takes for your claim to be processed is the frequency at which you contact the VA to inquire about the status of your claim. You can help accelerate the process by submitting evidence as soon as possible and being specific in your address information for the medical care facilities you utilize, and providing any requested information as soon as it's available.

If you believe there has been a mistake in the decision on your disability, you may request a more thorough review. This involves submitting all existing facts in your case to an expert reviewer who can determine whether there was a mistake in the initial decision. However, this review can't include new evidence.