How to File a Veterans Disability Claim
A veteran's disability claim is a critical component of his or her benefit application. Many
Veterans disability lawyer who have their claims accepted receive a monthly income that is tax free.
It's no secret that the VA is way behind in the process of processing disability claims for
veterans disability lawsuit. It can take months, even years for a decision to be made.
Aggravation
Veterans could be qualified for disability compensation if their condition was aggravated due to their military service. This type of claim can be physical or mental. A competent VA lawyer can help a former servicemember make an aggravated disability claim. The claimant must demonstrate, with medical evidence or independent opinions that their medical condition prior to serving was aggravated due to active duty.
Typically, the best way to demonstrate that a pre-service condition was aggravated is through an independent medical opinion from an expert doctor who is specialized in the disabled veteran. In addition to the doctor's opinion, the veteran should also submit medical records and statements from family members or friends who can attest to their pre-service condition.
In a claim for a disability benefit for veterans it is crucial to remember that the condition that is aggravated must be different from the original disability rating. A disability attorney can advise a former servicemember on how to present sufficient medical evidence and proof that their original condition was not only aggravated by military service, but actually worse than it would have been without the aggravating factor.
VA proposes to realign its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The different language of these provisions has led to confusion and controversy in the claims process. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the source of litigation.
Conditions Associated with Service
For a veteran to qualify for benefits, they must show that their condition or illness is related to their service. This is known as proving "service connection." For certain conditions, such as Ischemic heart disease and other cardiovascular diseases that develop as a result of specific Amputations that are connected to service, the service connection is granted automatically. Veterans suffering from other conditions such as PTSD and PTSD, are required to provide witness testimony or lay evidence from people who were close to them during their service to link their condition with a specific incident that occurred during their military service.
A preexisting medical issue could be service-related in the case that it was aggravated by their active duty service and not caused by the natural progress of the disease. The best way to prove this is by providing the doctor's opinion 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 treatment. These are called "presumptive diseases." They include exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in Prisoners of War, and other Gulf War conditions. Some chronic diseases and tropical diseases are assumed to have been aggravated or triggered by service. These are AL amyloidosis, chloracne or other acneform diseases Porphyria Cutanea Tighta, tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. For more information on these presumptive conditions, visit 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. If your VA-accredited lawyer does not do this for the client, then you must do it on your own. This form is used to notify the VA that you are not satisfied with their decision and you would like a more thorough review of your case.
There are two paths to a more thorough review one of which you should consider carefully. One is to request a hearing with the Decision Review Officer in your regional office. The DRO will perform an in-person (no review of previous decisions) review and either reverse the earlier decision or maintain it. You might 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' Appeals, Washington D.C.
It is crucial to discuss these aspects with your VA-accredited attorney. They're experienced and know what is best for your situation. They also understand the challenges faced by disabled veterans, which can make them more effective advocates on your behalf.
Time Limits
You can claim compensation if you have a disability that you acquired or worsened while serving in the military. You'll have to be patient as the VA examines and decides on your claim. You may have to wait up to 180 calendar days after filing your claim before receiving a decision.
There are a variety of factors that influence how long the VA will take to make an informed decision on your claim. How quickly your claim will be evaluated is largely determined by the volume of evidence you submit. The location of the field office handling your claim also influences how long it will take for the VA to review your claims.
The frequency you check in with the VA to check the status of your claim could influence the time it takes to process. You can speed up the claim process by making sure to submit all evidence as swiftly as you can, including specific details regarding the medical facility you use, and providing any requested information.
You could request a higher-level review if you believe that the decision you were given regarding your disability was not correct. You will need to submit all the details of your case to an experienced reviewer who will determine whether there was a mistake in the initial decision. However, this review can't contain new evidence.