How to File a Veterans Disability Claim
A veteran's disability claim is a crucial part of their benefit application. Many veterans who have their claims approved receive a monthly income which is tax-free.
It's no secret that the VA is way behind in processing disability claims made by veterans. It could take months, even years, for a final decision to be made.
Aggravation
Veterans may be eligible for disability compensation in the event that their condition was made more difficult by their military service. This kind of claim is known as an aggravated disability. It could be either physical or mental. A VA lawyer who is certified can assist a former military member make an aggravated disability claim. A claimant must demonstrate, through medical evidence or independent opinions that their condition prior to service was aggravated due to active duty.
Typically, the best way to prove that a pre-service condition 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 report the veteran will also be required to provide medical records as well as lay statements from family or friends who can confirm the extent of their pre-service injuries.
In a
veterans disability claim, it is important to remember that the aggravated condition has to be distinct from the original disability rating. A disability lawyer can help former service members provide the necessary medical evidence and testimonies to prove that their previous condition wasn't only aggravated because of military service, but that it was more severe 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 and 3.310. The difference in the wording of these provisions has created confusion and disagreement regarding the claims process. The incongruent use phrases like "increased disability" and "any increased severity" are the main cause of litigation.
Conditions of Service
To be eligible for benefits veterans must prove the impairment or illness was caused by service. This is known as "service connection." For certain ailments, like ischemic heart disease, or other cardiovascular diseases that develop as a result of specific service-connected amputations, a service connection is granted automatically. Veterans suffering from other conditions such as PTSD are required to provide lay testimony or lay evidence from people who were close to them during their time in service to connect their condition to a specific event that occurred during their time in the military.
A pre-existing medical problem can be service-related when it was made worse because of active duty and not due to the natural progression of disease. The most effective method to prove this is by providing the doctor's opinion that the aggravation was due to service and not the normal progression of the disease.
Certain ailments and injuries can be presumed to be caused or aggravated because of treatment. These are referred to as "presumptive illnesses." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in prisoners of War, as well as other Gulf War conditions. Some chronic diseases and tropical illnesses are assumed to have been aggravated or caused by military service. These include AL amyloidosis, chloracne or other acne-related disorders Porphyria Cutanea Tighta, tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. Click here for more information regarding these presumptive diseases.
Appeals
The VA has a procedure for appealing their decision to award or deny benefits. The first step is to file an appeal called a Notice of Disagreement. If your VA-accredited lawyer does not take this step for you, you are able to complete the process on your own. This form is used by the VA to let them know that you disagree with their decision and want a higher level review of your case.
There are two ways to get an upper-level review one of which you should consider carefully. You can request a personal meeting with the Decision Review Officer at your local office. The DRO will conduct a de novo (no consideration is given to prior
Veterans Disability decisions) review and either reverse the previous decision or affirm it. You could or might not be allowed to submit new evidence. You may also request a hearing before a
veterans disability lawyer Law judge at the Board of Veterans' Appeals, Washington D.C.
It is essential to discuss all of these factors with your lawyer who is accredited by the VA. They will have experience and know what's best for your situation. They also know the challenges faced by disabled veterans which makes them an effective advocate for you.
Time Limits
If you suffer from a condition which was created or worsened during military service,
Veterans Disability you could file a claim in order to receive compensation. But you'll have to be patient during the process of reviewing and deciding on the merits of your claim. You could have to wait up to 180 calendar days after filing your claim before you receive an answer.
There are many variables that can affect how long the VA will take to reach a decision on your claim. How quickly your application will be reviewed is largely determined by the volume of evidence that you submit. The location of the field office that handles your claim will also impact how long it will take for the VA to review your claim.
How often you check in with the VA regarding the status of your claim can also affect the time it takes to process your claim. You can speed up the process by submitting your evidence promptly, being specific in your address information for the medical care facilities you utilize, and providing any requested information as soon as it's available.
You may request a higher-level review if you believe the decision based on your disability was unjust. You'll have to submit all the details of your case to an experienced reviewer who will determine whether there an error in the original decision. This review doesn't contain any new evidence.