How to File a Veterans Disability Claim

The claim of disability for a veteran is a vital element of the application for benefits. Many floresville veterans disability lawyer who have their claims accepted receive a monthly income that is tax free.

It's not a secret that VA is behind in the process of processing claims for disability by veterans. The process can take months or even years.

Aggravation

Veterans may be entitled to disability compensation if their condition was caused by their military service. This type of claim could be mental or physical. A VA lawyer who is certified can assist an ex-military personnel submit an aggravated disabilities claim. A claimant must prove using medical evidence or independent opinions that their medical condition prior to serving was made worse due to active duty.

A doctor who is an expert on the disability of the veteran can offer an independent medical opinion that will demonstrate the seriousness of the pre-service condition. In addition to a doctor's report the veteran will be required to provide medical records and lay assertions from family or friends who can confirm the extent of their pre-service injuries.

In a cambridge veterans disability attorney disability claim, it is important to keep in mind that the aggravated condition must differ from the original disability rating. Disability lawyers can help former service members provide the necessary medical evidence and witness to establish that their original condition wasn't simply aggravated by military service, however, it was much worse than what it would have been had the aggravating factor weren't present.

VA proposes to rewrite its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The differing language used in these regulations has led to confusion and controversies during the process of making claims. Particularly, the inconsistent usage of terms such as "increase in disability" and "any increase in severity" has led to a lot of disputes and uncertainty.

Conditions that are associated with Service

To be eligible for benefits a veteran must prove that their condition or disability was caused by service. This is known as "service connection." Service connection is automatically granted for certain conditions, such ischemic heart diseases or other cardiovascular diseases that arise due to specific amputations linked to service. For other conditions, like PTSD veterans are required to provide lay evidence or testimony from those who knew them during the military to prove their condition with a specific incident that occurred during their time in service.

A pre-existing medical condition could also be service related if it was aggravated by active duty and not just the natural progression of the disease. The most effective method to demonstrate this is to provide the opinion of a doctor that the ailment was due to service and not the normal progress of the condition.

Certain ailments and injuries can be attributed to or aggravated by service. These are referred to as "presumptive illnesses." This includes exposure to Agent Orange in Vietnam and Korea veterans, radiation exposure in Prisoners of War and various Gulf War conditions. Some chronic diseases and tropical illnesses are also thought to be aggravated or triggered by service. They include AL amyloidosis and chloracne as well as other acne-related conditions, porphyria cutanea tarda, multiple sclerosis, tuberculosis, and diabetes mellitus type 2. Click here to learn more about these probable diseases.

Appeal

The VA has a process to appeal their decision regarding whether or not to award benefits. The first step is filing a Notice of Disagreement. Your VA-accredited attorney will likely make this filing on your behalf however, if not, you can file it yourself. This form is used to notify the VA you disagree with their decision and that you would like a more thorough review of your case.

There are two paths to a higher-level review, both of which you should take into consideration. One option is to request a private hearing with an officer from the Decision Review Office at your regional office. The DRO will perform a de novo (no consideration is given to previous decisions) review and either reverse the earlier decision or confirm it. You could or might not be able to submit new evidence. You can also request an appointment with an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

There are many factors to consider when choosing the best lane for your appeal, so it's crucial to discuss these issues with your VA-accredited attorney. They'll have experience in this area and will know what makes the most sense for your particular case. They are also aware of the difficulties that disabled veterans face which makes them an ideal advocate for you.

Time Limits

You can claim compensation if you have an impairment that you acquired or worsened as a result of serving in the military. However, you'll need patient during the process of taking a look at and deciding on the merits of your claim. You may have to wait up to 180 calendar days after filing your claim before you get a decision.

There are a variety of factors that influence how long the VA takes to make an informed decision on your claim. The amount of evidence you submit will play a major role in the speed at which your claim is reviewed. The location of the VA field office that will be reviewing your claim can also impact the time it takes to review your claim.

How often you check in with the VA to check the status of your claim can affect the time it takes to finish the process. You can speed up the process by providing evidence as soon as you can by being specific with your details regarding the address of the medical care facilities you utilize, and providing any requested information as soon as it's available.

If you believe that there has been a mistake in the decision on your disability, then you can request a more thorough review. You'll need to provide all the facts of your case to an experienced reviewer who will determine whether there was a mistake in the initial decision. However, this review is not able to include any new evidence.