How to File a Veterans Disability Claim
A veteran's disability claim is an essential element of their benefit application. Many veterans get tax-free income when their claims are granted.
It's no secret that VA is a long way behind in processing disability claims for
veterans disability attorney. A decision can take months or even years.
Aggravation
A veteran may be able to receive disability compensation for the condition that was worsened by their military service. This type of claim is called an aggravated disability. It could be either physical or mental. A licensed VA lawyer can assist former service members make an aggravated disability claim. A claimant has to prove via medical evidence or independent opinions, that their pre-service condition was made worse by active duty.
Typically, the most effective way to prove that a pre-service condition was aggravated is through an independent medical opinion by a physician who specializes in the disability of veterans. In addition to a doctor's statement in addition, the veteran will require medical records and lay declarations from family or friends who are able to confirm the seriousness of their pre-service ailments.
It is vital to remember when submitting a claim for disability benefits for veterans that the conditions that are aggravated must be different from the original disability rating. Disability lawyers can help the former service member provide sufficient medical evidence and witness to prove that their original condition wasn't just aggravated due to military service, but that it was more severe than what it would have been if the aggravating factor hadn't been present.
In order to address this issue, VA is proposing to realign the two "aggravation" standards contained in its regulations - 38 CFR 3.306 and 3.310. The different language of these provisions has created confusion and debate in the process of claiming. The inconsistent use of words 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, veterans must prove his or her disability or illness was caused by service. This is known as showing "service connection." For some conditions, such as Ischemic heart disease and other cardiovascular diseases that manifest because of services-connected amputations is automatically granted. Veterans suffering from other conditions like PTSD, must provide lay testimony or lay evidence from those who knew them during their time in the military to connect their condition to a specific incident that occurred during their time in the military.
A preexisting medical condition could be a result of service if it was aggravated by active duty and not due to the natural progression of the disease. The most effective method to establish this is by submitting the doctor's opinion that the aggravation was due to service and not the normal progression of the condition.
Certain injuries and illnesses may be attributed to or aggravated by service. These are called "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans as well as exposure to radiation for prisoner of war, and various Gulf War conditions. Certain chronic diseases and tropical illnesses are believed to have been aggravated or caused by military service. They include AL amyloidosis, chloracne or other acne-related diseases such as porphyria cutanea tarda tuberculosis and multiple sclerosis and diabetes mellitus type 2. Click here for more information about these presumptive illnesses.
Appeals
The VA has a procedure for appealing their decision to grant or deny benefits. The first step is to file a Notice Of Disagreement. Your VA-accredited attorney is likely to complete this for you but if not, you may file it yourself. This form is used by the VA to inform them that you do not agree with their decision, and you would like a higher-level review of your case.
There are two options to request a more thorough review. Both options should be considered carefully. One option is to request a private hearing with the Decision Review Officer in your regional office. The DRO will perform an in-person (no consideration is given to previous decisions) review and either overturn the earlier decision or uphold it. You may or may not be able to submit new evidence. You can also request an appointment with a Veterans Law judge at the Board of veterans disability lawyer (
recent Mariskamast blog post)' Appeals, Washington D.C.
It is essential to discuss these aspects with your VA-accredited attorney. They'll have expertise in this area and will know what makes the most sense for your specific case. They also understand the challenges faced by disabled
veterans disability lawsuit and can help them become more effective advocates for you.
Time Limits
If you suffer from a condition which was created or worsened during military service, then you can file a claim to receive compensation. But you'll need to be patient with the process of reviewing and deciding on your claim. It could take up 180 days after your claim is filed before you receive an answer.
There are many factors that can affect how long the VA will take to make an decision on your claim. How quickly your application will be considered is mostly determined by the amount of evidence that you submit. The location of the field office handling your claim will also affect the time it will take for the VA to review your claim.
How often you check in with the VA to see the status of your claim can affect the length of time it takes to finish the process. You can help accelerate the process by submitting evidence as soon as possible, being specific in your address details for the medical care facilities you use, and sending any requested information as soon as it is available.
If you believe there was an error in the decision on your disability, you are able to request a higher-level review. This involves submitting all the relevant facts of your case to an experienced reviewer who will determine if there was an error in the original decision. This review does not include any new evidence.