How to File a Veterans Disability Claim
The claim of disability for a veteran is an important component of the application process for benefits. Many
Veterans disability lawyer who have their claims approved receive an additional monthly income that is tax free.
It's no secret that the VA is way behind in processing disability claims made by veterans. The decision could take months or even years.
Aggravation
A veteran could be eligible to receive compensation for disability due to the condition that was worsened by their military service. This kind of claim is known as an aggravated disability and can be either mental or physical. A VA lawyer who is certified can help an ex-military person file an aggravated disabilities claim. A claimant has to prove by proving medical evidence or an independent opinion, that their condition prior to service was made worse by active duty.
Typically the best way to prove that a pre-service condition was made worse is by obtaining an independent medical opinion from an expert in the veteran's disability. In addition to the doctor's opinion, the veteran will also require medical records and lay assertions from family or friends who can testify to the severity of their pre-service conditions.
In a claim for a disability benefit for veterans it is important to keep in mind that the condition that is aggravated must differ from the original disability rating. Disability lawyers can help a former servicemember provide enough medical evidence and testimony to establish that their original condition wasn't merely aggravated by military service, but it was worse than it would have been had the aggravating factor had not been present.
VA proposes to rewrite its two "aggravation standards" in its regulations 38 CFR 3.306 and 3.310. The differing wording of these provisions has caused confusion and controversy during the process of filing claims. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the root of litigation.
Conditions that are associated with Service
To qualify for benefits, the veteran must prove that the health or disability was caused by service. This is referred to as "service connection." Service connection is automatically granted in certain circumstances, including Ischemic heart diseases or any other cardiovascular diseases that develop as a result specific amputations connected to service.
veterans disability law firm suffering from other conditions such as PTSD, must provide the evidence of lay witnesses or from those who were their friends during their service to link their condition to a specific incident that occurred during their time in the military.
A preexisting medical issue could also be service-connected when it was made worse by active duty and not by natural progression of the disease. The most effective method to demonstrate this is to provide a doctor's opinion 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 treatment. These are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans and radiation exposure among Prisoners of War, as well as other Gulf War conditions. Some chronic diseases and tropical diseases are suspected to have been caused or aggravated by service. These include AL amyloidosis, chloracne or other acne-related diseases and porphyria cutsanea tarda tuberculosis, multiple sclerosis and diabetes mellitus type 2. Click here for more information regarding these presumptive diseases.
Appeals
The VA has a system to appeal their decision to award or deny benefits. The first step is to file an appeal called a Notice of Disagreement. If your lawyer is certified by VA and
veterans disability lawyer does not take this step for the client, then you must do it yourself. This form is used by the VA to inform them that you do not agree with their decision, and would prefer a more thorough review of your case.
There are two routes to a higher-level review, both of which you must carefully consider. You can request a private meeting with a Decision Review Officer in your local office. The DRO will perform a de novo (no review of previous decisions) review and either reverse the earlier decision or uphold the decision. You may be able or not be required to present new evidence. The alternative is to request an appointment with a Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.
There are many aspects to consider when selecting the most effective route for your appeal, so it's essential to discuss these with your attorney who is accredited by the VA. They will have experience in this area and will know what makes sense for your specific case. They are also well-versed in the challenges that disabled veterans face, which makes them more effective advocates for you.
Time Limits
You can seek compensation if you have a disability that you acquired or worsened in the course of serving in the military. But you'll have to be patient with the VA's process of reviewing and deciding on the merits of your claim. It could take as long as 180 days after your claim is submitted before you get a decision.
Many factors can influence the time it takes for the VA to decide on your claim. The amount of evidence submitted will play a big role in the speed at which your application is reviewed. The location of the field office that is responsible for your claim can also influence the time it takes for the VA to review your claims.
How often you check in with the VA regarding the status of your claim could affect the time it takes to finish the process. You can speed up the process by sending all documentation as quickly as you can, and providing specific details about the medical center you use, as well as sending any requested information.
If you believe that there was an error in the decision made regarding your disability, you may request a more thorough review. This involves submitting all facts that exist in your case to an expert reviewer who can determine whether there was a mistake in the original decision. The review doesn't include any new evidence.