How to File a Veterans Disability Claim
The claim of disability for a veteran is a key component of the application process for benefits. Many veterans earn tax-free earnings after their claims are approved.
It's no secret that VA is behind in the processing of claims for disability from veterans. The process can take months or even years.
Aggravation
veterans disability law firm could be entitled to disability compensation if their condition was made more difficult by their military service. This kind of claim can be mental or physical. A VA lawyer who is qualified can assist a former military member submit an aggravated disabilities claim. A claimant must prove using medical evidence or an independent opinion, that their medical condition prior to service was aggravated due to active duty.
A doctor who is an expert on the disability of the veteran can offer an independent medical opinion that demonstrates the severity of the pre-service illness. In addition to the physician's statement, the veteran is required to submit medical records as well as lay statements from family or friends who attest to their pre-service condition.
It is crucial to remember in a claim for a disability benefit for
veterans disability lawsuit that the conditions that are aggravated must differ from the original disability rating. A disability lawyer can assist a former servicemember provide enough medical evidence and testimony in order to prove that their previous condition wasn't just aggravated by military service, but it was worse than it would have been if the aggravating factor hadn't been present.
In addressing this issue VA proposes to re-align the two "aggravation" standards within its regulations - 38 CFR 3.306 and 3.310. The differences in the language of these provisions has caused confusion and controversy during the process of filing claims. Specifically, the incongruent use of terms like "increase in disability" and "any increase in severity" has led to a lot of disputes and uncertainty.
Service-Connected Conditions
To qualify a veteran for benefits, they must show that their condition or illness is linked to service. This is called showing "service connection." Service connection is granted automatically for certain conditions, like Ischemic heart disease or another cardiovascular diseases that develop as a result specific amputations that are connected to service. For other conditions, such as PTSD veterans have to present lay evidence or testimony from people who were their friends in the military, to connect their illness to a specific incident that occurred during their time in service.
A preexisting medical condition could be service-related when it was made worse by active duty and not caused by the natural progress of the disease. It is best to provide the doctor with a report explaining that the aggravation of the condition was caused by service, not just the natural progression.
Certain injuries and illnesses are believed to have been caused or aggravated due to service. These are called "presumptive illnesses." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in Prisoners of War, and other Gulf War conditions. Certain chronic illnesses and tropical diseases are also suspected to have been caused or aggravated from service. These include AL amyloidosis or chloracne, other acne-related disorders such as porphyria cutanea tarda tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. For more details on these presumptive conditions, visit here.
Appeals
The VA has a procedure for appeals to appeal their decision regarding whether or not they will grant benefits. The first step is to file a Notice of Disagreement. Your VA-accredited attorney will likely complete this for you, but if they do not, you may file it yourself. This form is used by the VA to let them know that you are not satisfied with their decision, and would prefer a more thorough review of your case.
There are two options for higher-level review. Both options should be carefully considered. You can request a private meeting with an official from the Decision Review Office at your local office. The DRO will conduct an in-person (no review of previous decisions) review and either reverse the earlier decision or maintain the decision. You may or may not be able submit new evidence. You can also request an interview with an Veterans Law judge at the Board of
veterans disability Lawyer' Appeals, Washington D.C.
It is crucial to discuss all of these factors with your VA-accredited attorney. They'll have experience in this area and will know what makes sense for your specific case. They are also familiar with the challenges that disabled veterans face, which makes them a better advocate for you.
Time Limits
You may be eligible for compensation if you have an illness that you developed or worsened as a result of serving in the military. It is important to be patient as the VA examines and decides on your claim. You may have to wait up to 180 calendar days after submitting your claim before you get an answer.
Many factors influence the time it takes for the VA to decide on your claim. The amount of evidence you submit will play a major role in the speed at which your application is evaluated. The location of the field office responsible for your claim will also impact how long it takes for the VA to review your claims.
Another factor that can impact the length of time it takes your claim to be processed is how often you contact the VA to inquire about its progress. You can accelerate the process by submitting all evidence as quickly as you can, and providing specific information regarding the medical care 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 wrong. You'll have to submit all the facts regarding your case to an experienced reviewer, who can determine whether there an error in the initial decision. But, this review will not include any new evidence.