How to File a Veterans Disability Claim
The claim of a disabled veteran is a crucial element of the application for benefits. Many veterans get tax-free income when their claims are accepted.
It's not a secret that VA is behind in the process of processing claims for disability by veterans. It can take months or even years for a decision to be made.
Aggravation
A veteran could be eligible to claim disability compensation for the condition that was made worse by their military service. This type of claim is called an aggravated disability. It could be either mental or physical. A competent VA lawyer can assist a former servicemember submit an aggravated claim. A claimant needs to prove either 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 to get an independent medical opinion from an expert in the disability of veterans. In addition to the doctor's report, the veteran must also submit medical records as well as statements from relatives or friends who attest to their pre-service condition.
It is essential to note in a veterans disability claim that the aggravated condition must be different from the original disability rating. A disability lawyer can help an ex-servicemember present enough medical evidence and testimony to prove that their original condition wasn't merely aggravated by military service, however, it was much worse than what it would have been had the aggravating factor wasn't present.
VA proposes to realign its two "aggravation standards" in its regulations, 38 CFR 3.306 and 3.310. The differing wording of these provisions has led to confusion and debate during the process of filing claims. Particularly, the inconsistent use of phrases such as "increase in disability" and "any increase in severity" is the cause of litigation and confusion.
Conditions Associated with Service
To qualify a veteran for benefits, they must prove that their disability or illness is related to their service. This is known as proving "service connection." Service connection is granted automatically for certain conditions, like Ischemic heart diseases and other cardiovascular diseases that develop due to specific amputations that are connected to service. Veterans suffering from other ailments such as PTSD need to provide lay testimony or evidence from people who knew them during their service to establish a connection between their condition with a specific incident that occurred during their military service.
A pre-existing medical condition could be service-related if it was aggravated because of active duty, and not the natural progression of the disease. It is recommended to present an official report from a doctor that explains that the deterioration of the condition was due to service and not the natural progression of the disease.
Certain ailments and injuries are presumed to have been caused or aggravated due to service. These are known as "presumptive diseases." They include exposure to Agent Orange for Vietnam and Korean
veterans disability attorney and radiation exposure in Prisoners of War, as well as different Gulf War conditions. Some chronic diseases and tropical diseases are believed to have been caused or aggravated from service. They include AL amyloidosis, chloracne, other acne-related diseases such as porphyria cutanea tarda multiple sclerosis, tuberculosis, and diabetes mellitus type 2. For more information about these presumptive conditions, visit here.
Appeals
The VA has a system for appealing their decision to award or deny 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 may file it yourself. This form is used by the VA to let them know that you are not satisfied with their decision and would like a more thorough review of your case.
There are two options for higher-level review. Both should be carefully considered. You can request a private meeting with a Decision Review Officer at your local office. The DRO will conduct an de novo review (no deference given to the previous decision) and either overturn or affirm the earlier decision. You may or not be allowed to submit new evidence. You may also request an appointment with an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.
It is important to discuss all of these issues with your VA-accredited attorney. They'll have expertise in this field and know what makes sense for your specific case. They are also aware of the difficulties that disabled
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his response) face which makes them more effective advocates for you.
Time Limits
If you suffer from a condition which was created or worsened in the military, you may file a claim to receive compensation. However, you'll need patient with the VA's process for reviewing and deciding on the merits of your claim. It could take up 180 days after your claim is filed before you get a decision.
There are many factors that affect the time the VA is able to make an decision on your claim. The amount of evidence you submit will play a major role in how quickly your claim is considered. The location of the VA field office which will be reviewing your claim can also influence the time it takes to review your claim.
Another factor that could affect the time it takes your claim to be processed is how often you contact the VA to check on its progress. You can help accelerate the process by submitting proof as soon as you can and by providing specific details regarding the address of the medical care facilities that you use, and submitting any requested information immediately when it becomes available.
If you believe that there has been an error in the decision on your disability, you may request a more thorough review. You'll need to provide all of the facts about your case to a knowledgeable reviewer who will determine whether there was a mistake in the initial decision. This review does not contain any new evidence.