How to File a Veterans Disability Claim
A veteran's disability claim is an important element of their benefit application. Many veterans earn tax-free earnings when their claims are granted.
It's no secret that VA is way behind in processing disability claims from
Veterans disability Law Firms. It could take months, even years for a decision to be made.
Aggravation
Veterans could be eligible for disability compensation in the event that their condition was caused by their military service. This kind of claim can be mental or physical. A VA lawyer who is certified can help a former military member file an aggravated disabilities claim. A claimant needs to prove via medical evidence or an independent opinion, that their condition prior to service was made worse by active duty.
A physician who is an expert on the veteran's disability can provide an independent medical opinion proving the severity of the pre-service condition. In addition to the doctor's report, the veteran must also submit medical records as well as statements from family members or friends who can attest to their pre-service condition.
It is important to note in a veterans disability claim that the aggravated conditions must be different from the original disability rating. An attorney who is a disability attorney can help the former service member on how to provide the proper medical evidence and testimony to establish that their condition was not only aggravated by military service, but actually worse than it would have been without the aggravating factor.
In order to address this issue, VA is proposing to change the two "aggravation" standards contained in its regulations - 38 CFR 3.306 and 3.310. The differing language in these regulations has led to confusion and controversies during the process of claiming. The inconsistent use of words such as "increased disability" and "any increased severity" are the main cause of litigation.
Conditions of Service
To qualify a veteran for benefits, they have to prove that their condition or illness is connected to service. This is referred to as "service connection." Service connection is granted automatically for certain ailments, like ischemic heart diseases or other cardiovascular diseases that arise as a result specific service-connected amputations. For other conditions, such as PTSD the veterans must present the evidence of laypeople or people who knew them in the military, to connect their condition to an specific incident that occurred during their service.
A preexisting medical issue could be a result of service in the case that it was aggravated through active duty and not through natural progression of the disease. The most effective way to establish this is by submitting a doctor's opinion that states that the aggravation was due to service and not just the normal progression of the disease.
Certain injuries and illnesses can be thought to be caused or aggravated by service. These are referred to as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea
veterans disability attorney, radiation exposure in Prisoners of War and various Gulf War conditions. Some chronic diseases and tropical illnesses are believed to have been aggravated or caused by service. These are AL amyloidosis, chloracne, other acne-related disorders and porphyria cutsanea tarda tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. For more information on these probable conditions, click here.
Appeals
The VA has a process to appeal their decision regarding whether or not to grant benefits. The first step is filing a Notice of Disagreement. If your VA-accredited lawyer will not handle this for the client, then you must do it on your own. This form is used by the VA to let them know that you do not agree with their decision and would like a more thorough review of your case.
There are two options for a more thorough review. Both should be carefully considered. One is to request a private hearing with a Decision Review Officer at your regional 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 or may not be able submit new evidence. The other path is to request an interview with an
veterans disability lawyers Law Judge at the Board of Veterans' Appeals in Washington, D.C.
There are many factors that go into choosing the most effective route for your appeal, so it's essential to discuss these issues with your attorney who is accredited by the VA. They're experienced in this field and know the best option for your specific case. They are also well-versed in the challenges faced by disabled veterans which makes them an ideal advocate for you.
Time Limits
If you suffer from a condition which was created or worsened during military service, then you could file a claim in order to receive compensation. You'll need to be patient as the VA examines and decides on your application. It could take up to 180 days after your claim is filed before you receive a decision.
Many factors affect the time it takes for VA to make a decision on your claim. The speed at which your application will be evaluated is largely determined by the quantity of evidence you submit. The location of the VA field office who will review your claim could also impact the length of time it takes.
Another factor that can affect the time required for your claim to be processed is the frequency at which you contact the VA to check the status of your claim. You can speed up the claim process by providing all evidence as fast as possible, providing specific information regarding the medical facility you use, and sending any requested information.
You can request a higher level review if it is your opinion that the decision made on your disability was wrong. This means that you submit all the evidence in your case to an expert reviewer who can determine if there was an error in the initial decision. But, this review will not contain new evidence.