How to File a Veterans Disability Claim
A veteran's disability claim is a critical element of their benefit application. Many veterans receive tax-free income when their claims are accepted.
It's no secret that VA is behind in the process of processing claims for disability by
veterans disability attorney. A decision can take months or even years.
Aggravation
Veterans could be eligible for disability compensation if their condition was made more difficult by their military service. This type of claim is known as an aggravated disability. It could be mental or physical. A competent VA lawyer can assist a former servicemember submit an aggravated claim. The claimant must prove, through medical evidence or independent opinions that their pre-service condition was aggravated due to active duty.
Typically the most effective way to prove that a pre-service condition was aggravated is through an independent medical opinion by a physician who specializes in the veteran's disability. In addition to a doctor's statement in addition, the veteran will require medical records as well as lay statements from family members or friends who can attest to the extent of their pre-service injuries.
It is crucial to remember in a claim to be disabled by a veteran that the condition being aggravated has to differ from the original disability rating. Disability lawyers can help an ex-servicemember present enough medical evidence and testimony in order to show that their initial condition wasn't merely aggravated due to military service but that it was more severe than it would have been if the aggravating factor wasn't present.
VA proposes to revise its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The differing wording of these provisions has caused confusion and disagreement regarding the claims process. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the root of litigation.
Conditions that are associated with Service
To be eligible for benefits, veterans must show that the cause of their condition or disability was caused by service. This is known as showing "service connection." Service connection is granted automatically for certain conditions, such Ischemic heart diseases or any other cardiovascular disease that develops because of specific service-connected amputations.
veterans disability lawyer with other conditions, like PTSD are required to provide the evidence of lay witnesses or from people who were close to them during their time in the military to connect their condition to an specific incident that occurred during their military service.
A preexisting medical condition could be service-related if it was aggravated through active duty and not caused by the natural progress of the disease. The most effective method to demonstrate this is to provide the opinion of a doctor that the aggravation was due to service and not just the normal progression of the condition.
Certain illnesses and injuries are believed to be caused or worsened by service. These are referred to as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans exposure to radiation in Prisoners of War, and numerous Gulf War conditions. Some chronic diseases and tropical diseases are also presumed to have been caused or aggravated by service. This includes AL amyloidosis and various acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis, Tuberculosis and diabetes Mellitus Type 2. For more information about these presumptive diseases, click here.
Appeals
The VA has a process for appealing their decision on whether or not to grant benefits. The first step is to submit a Notice of Disagreement. If your lawyer is certified by VA and does not take this step for the client, then you must complete it on your own. This form is used by the VA to let them know that you disagree with their decision and would like a more thorough review of your case.
There are two ways to get a more thorough review, both of which you should carefully consider. You can request a personal meeting with the Decision Review Officer at your local office. The DRO will conduct a review de novo (no deference to the earlier decision) and then either reverse or affirm the decision made earlier. You may be required or not be required to present new evidence. The other option is to request an interview with an
Veterans Disability law Firms Law Judge at the Board of Veterans' Appeals in Washington, D.C.
It's important to discuss these aspects with your lawyer who is accredited by the VA. They'll have experience in this field and know what makes sense for your particular 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 suffer from an impairment that you acquired or worsened in the course of serving in the military. But you'll have to be patient with the VA's process of considering and deciding about your claim. It could take up to 180 days after your claim is filed before you get an answer.
There are a variety of factors which can impact the length of time the VA will take to make an decision on your claim. The amount of evidence you provide will play a significant role in the speed at which your claim is considered. The location of the field office responsible for your claim will also affect how long it will take for the VA to review your claim.
Another factor that can affect the time it takes for your claim to be processed is the frequency at which you contact the VA to check on its progress. You can accelerate the process by submitting your evidence as soon as you can by being specific with your address information for the medical care facilities that you use, and submitting any requested information as soon as it is available.
You can request a higher level review if you believe the decision made on your disability was unjust. You will need to submit all the facts of your case to an experienced reviewer who will determine whether there an error in the initial decision. The review doesn't include any new evidence.