How to File a Veterans Disability Claim
A veteran's disability claim is a crucial part of his or her benefit application. Many veterans are eligible for tax-free income after their claims are approved.
It's no secret that VA is a long way behind in the process of processing disability claims for
Veterans disability Lawyer. It can take months, even years for a decision to be made.
Aggravation
A veteran could be eligible get disability compensation in the event of a condition that was worsened by their military service. This type of claim is known as an aggravated disability. It could be either physical or mental. A VA lawyer who is qualified can help an ex-military personnel file an aggravated disabilities claim. A claimant must demonstrate by proving medical evidence or independent opinions, that their pre-service condition was made worse by active duty.
Typically, the best way to demonstrate that a condition prior to service was made worse is by obtaining an independent medical opinion by a physician who specializes in the disabled veteran. In addition to the doctor's statement the veteran must also provide medical records and statements from relatives or friends who can attest to their pre-service condition.
It is crucial to remember in a veterans disability claim that the aggravated conditions must be different from the initial disability rating. A disability lawyer can assist a former servicemember provide enough medical evidence and testimonies to prove that their previous condition wasn't only aggravated because of military service, but it was worse than it would have been had the aggravating factor had not been present.
VA proposes to change 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 disagreement during the claims process. Particularly, the inconsistent use of terms like "increase in disability" and "any increase in severity" has been the cause of disputes and uncertainty.
Conditions Associated with Service
For a veteran to qualify for benefits, they must prove that their condition or illness is related to their service. This is referred to as "service connection." Service connection is granted automatically for certain conditions, such Ischemic heart diseases and other cardiovascular conditions that develop because of specific amputations connected to service. For other conditions, like PTSD veterans have to present documents or evidence from people who were close to them in the military, to link their condition with a specific incident that occurred during their time in service.
A pre-existing medical issue can be a result of service when it was made worse by active duty and not as a natural progression of the disease. It is advisable to provide an official report from a doctor that explains that the deterioration of the condition was due to service and not the natural development of the disease.
Certain injuries and illnesses can be thought to be caused or aggravated due to service. These are referred to as "presumptive illnesses." This includes exposure to Agent Orange in Vietnam and Korea
veterans disability lawyers radiation exposure in prisoners of War, as well as other Gulf War conditions. Some chronic illnesses and tropical diseases are also thought to be caused or worsened by military service. This includes AL amyloidosis as well as other acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis, Tuberculosis, and Diabetes Mellitus Type 2. Click here for more details about these probable diseases.
Appeal
The VA has a system to appeal their decision regarding the issue of whether or not to grant benefits. The first step is to file a Notice of Disagreement. The VA-accredited attorney you have chosen will submit this form on your behalf however if not, you are able to file it yourself. This form is used 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 options for an upscale review one of which you must carefully consider. You can request a personal 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 uphold the earlier decision. It is possible that you will be able not required to provide new proof. You may also request a hearing before a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.
There are many factors to consider when choosing the most effective route for your appeal, and it is important to discuss these options with your VA-accredited attorney. They have experience and know what is best for your situation. They are also well-versed in the challenges faced by disabled veterans, which makes them more effective advocates for you.
Time Limits
You can apply for compensation if you suffer from an illness that you developed or worsened as a result of serving in the military. You'll need to be patient as the VA reviews and decides on your claim. You may have to wait up to 180 calendar days after submitting your claim before you get a decision.
There are many variables that affect the time the VA is able to make an informed decision on your claim. The amount of evidence that you submit will play a big role in how quickly your claim is evaluated. The location of the field office responsible for your claim will also impact the time it will take for the VA to review your claim.
Another factor that can impact the time it takes for your claim to be processed is how often you contact the VA to check on the status of your claim. You can accelerate the process by submitting evidence as soon as possible and
veterans disability lawyer by providing specific address details for the medical facilities you use, and sending any requested information when it becomes available.
You can request a higher level review if you believe the decision based on your disability was not correct. You must submit all the facts of your case to an experienced reviewer, who will decide whether there was a mistake in the original decision. This review does not contain any new evidence.