How to File a Veterans Disability Claim

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

It's no secret that VA is behind in processing veteran disability claims. A decision can take months or even years.

Aggravation

A veteran could be eligible to receive compensation for disability due to a condition caused by their military service. This type of claim is called an aggravated impairment and can be either mental or physical. A VA lawyer who is certified can help an ex-military personnel file an aggravated disabilities claim. The claimant must prove via medical evidence or unbiased opinions that their pre-service condition was made worse by active duty.

A doctor who is an expert in the disability of the veteran can offer an independent medical opinion that will demonstrate the seriousness of the pre-service condition. In addition to a physician's declaration in addition, the veteran will require medical records as well as lay statements from friends or family members who are able to confirm the severity of their pre-service conditions.

In a pocola veterans disability law firm disability claim, it is important to note that the condition that is aggravated must be different from the original disability rating. A disability lawyer can guide the former service member on how to provide sufficient medical evidence and evidence to show that their original condition was not just aggravated by military service, but actually worse than it would have been had it not been for the aggravating factor.

VA proposes to change its two "aggravation standards" in its regulations 38 CFR 3.306 and 3.310. The different language of these provisions has caused confusion and controversy in the claims process. Particularly, the inconsistent usage of terms such as "increase in disability" and "any increase in severity" has been the source of disputes and confusion.

Service-Connected Conditions

For a veteran to qualify for benefits, they must demonstrate that their disability or illness is related to service. This is called showing "service connection." For some diseases, such as Ischemic heart disease or other cardiovascular diseases that develop because of service-connected amputations, service connection is automatically granted. For other conditions, such as PTSD veterans are required to provide witnesses or lay evidence from those who knew them during the military, in order to connect their condition with a specific incident that occurred during their time of service.

A pre-existing medical problem can be a service-related issue in the case that it was aggravated by active duty and not due to the natural progression of the disease. The best way to establish this is by submitting an opinion from a doctor that states that the aggravation was due to service and not the normal progression of the condition.

Certain ailments and injuries can be attributed to or aggravated by service. They are known as "presumptive illnesses." 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 also thought to be caused or worsened by military service. This includes AL amyloidosis and various acne-related disorders, such as Porphyriacutanea Tarda, veterans Multiple Sclerosis Tuberculosis and diabetes Mellitus Type 2. For more information about these presumptive diseases, click here.

Appeal

The VA has a procedure to appeal their decision to grant or deny benefits. The first step is to file a Notice of Disagreement. The VA-accredited attorney you have chosen will complete this for you but if not, you can file it yourself. This form is used by the VA to let them know that you disagree with their decision and veterans disability law firm want a higher level review of your case.

You have two options for higher-level review. Both options should be considered carefully. You can request a personal meeting with the 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 confirm the earlier decision. You may or may not be able to submit new evidence. The alternative is to request a hearing with a veterans disability attorney Law Judge from the Board of Veterans' Appeals in Washington, D.C.

There are a variety of factors that go into choosing the most appropriate route for your appeal, and it's essential to discuss these options with your attorney who is accredited by the VA. They're experienced in this field and know what makes sense for your particular situation. They are also aware of the difficulties that disabled veterans face and can help them become more effective advocates on your behalf.

Time Limits

If you suffer from a condition that was incurred or worsened in the military, you may file a claim to receive compensation. You'll have to be patient as the VA examines and decides on your claim. It may take up to 180 days after the claim has been filed before you get a decision.

Many factors influence how long it takes the VA to make a decision on your claim. The amount of evidence submitted will play a big role in the speed at which your claim is considered. The location of the field office that is responsible for your claim can also influence the time it will take for the VA to review your claims.

The frequency you check in with the VA regarding the status of your claim can affect the length of time it takes to process. You can accelerate the process by submitting all evidence as quickly as you can, and providing specific information about the medical facility you use, and providing any requested details.

You may request a higher-level review if you believe the decision based on your disability was incorrect. You must submit all of the facts about your case to a knowledgeable reviewer who will determine whether there an error in the initial decision. However, this review cannot contain new evidence.