How to File a Veterans Disability Claim
A veteran's disability claim is an important part of his or her 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 processing of claims for disability from veterans. A decision can take months or even years.
Aggravation
Veterans may be eligible for disability compensation in the event that their condition was made more difficult by their military service. This type of claim is known as an aggravated disability. It can be mental or physical. A competent VA lawyer can assist a former servicemember make an aggravated disability claim. A claimant has to prove by proving medical evidence or an independent opinion, that their pre-service condition was aggravated due to active duty.
Typically, the most effective method to prove that a condition prior to service was aggravated is through an independent medical opinion from an expert doctor who is specialized in the condition of the veteran. In addition to a doctor's statement, the veteran will also require medical records and lay declarations from family or friends who can attest to the extent of their pre-service injuries.
In a claim for disability benefits for veterans it is crucial to be aware that the condition that is aggravated must differ from the original disability rating. A disability lawyer can assist former service members provide the necessary medical evidence and testimony to show that their initial condition wasn't just aggravated because of military service, however, it was much worse than it would have been had the aggravating factor hadn't been present.
VA proposes to revise its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The differing wording of these provisions has led to confusion and controversies in the claims process. Specifically, the incongruent use of phrases such as "increase in disability" and "any increase in severity" is the cause of litigation and uncertainty.
Conditions of Service
To qualify a veteran for benefits, they must demonstrate that their disability or illness is linked to service. This is known as showing "service connection." Service connection is granted automatically for certain ailments, like ischemic heart diseases or other cardiovascular disease that develops as a result specific amputations that are connected to service. Veterans with other conditions like PTSD are required to provide witness testimony or lay evidence from those who were their friends during their service to establish a connection between their condition with a specific event that occurred during their military service.
A preexisting medical condition could be a result of service if it was aggravated by their active duty service and not due to the natural progress of the disease. The best method to prove this is to present the opinion of a doctor that the ailment was due to service, and not the normal development of the condition.
Certain injuries and illnesses can be believed to be caused or aggravated due to service. They are known as "presumptive diseases." This includes exposure to Agent Orange for Vietnam and Korean
Veterans Disability Lawyer and radiation exposure in Prisoners of War, as well as different Gulf War conditions. Some chronic illnesses and tropical diseases are also believed to have been caused or worsened by military service. This includes AL amyloidosis and various acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis Tuberculosis and Diabetes Mellitus Type 2. For more information on these probable conditions, click here.
Appeals
The VA has a procedure to appeal their decision to grant or deny benefits. The first step is to file an appeal called a Notice of Disagreement. The VA-accredited attorney you have chosen will complete this for you however, if not, you can file it yourself. This form allows you to inform the VA that you are not satisfied with their decision and you'd like a higher-level analysis of your case.
There are two routes to an upper-level review, both of which you should carefully consider. You can request a private meeting with a Decision Review Officer in your local office. The DRO will conduct a de novo appeal (no deference to the previous decision) and either overturn or affirm the decision made earlier. You might or may not be able to submit new evidence. The other option is to request an appointment with an
veterans disability law firm Law Judge at the Board of Veterans' Appeals in Washington, D.C.
There are many aspects to consider when selecting the most effective route for your appeal, and it's essential to discuss these options with your VA-accredited attorney. They'll have experience in this area and will know what makes sense for your particular case. They also understand the challenges that disabled veterans face which makes them a stronger advocate for you.
Time Limits
You can apply for compensation if you have a disability that was acquired or worsened while serving in the military. However, you'll need patient with the process of considering and deciding about your application. You may need to wait up to 180 calendar days after submitting your claim to receive a decision.
Many factors can influence the time it takes for the VA to make a decision on your claim. The amount of evidence submitted will play a major role in how quickly your application is evaluated. The location of the VA field office who will review your claim can also influence the time it takes to review your claim.
How often you check in with the VA regarding the status of your claim can affect the length of time it takes to finish the process. You can help speed up the process by submitting evidence whenever you can by being specific with your details regarding the address of the medical facilities you use, and submitting any requested information as soon as it is available.
If you believe that there was an error in the determination of your disability, you are able to request a higher-level review. You'll have to submit all of the facts about your case to an experienced reviewer, who will determine whether there was a mistake in the initial decision. This review does not contain any new evidence.