How to File a Veterans Disability Claim

The claim of a disabled veteran is a vital element of the application for benefits. Many veterans who have their claims approved receive additional income each month that is tax-free.

It's not secret that VA is behind in processing disability claims of veterans. It can take months or even years for a decision to be made.

Aggravation

Veterans could be qualified for disability compensation if their condition was aggravated by their military service. This type of claim could be physical or mental. A competent VA lawyer can assist former service members to file an aggravated disability claim. A claimant must demonstrate by proving medical evidence or unbiased opinions that their condition prior to service was aggravated due to active duty.

A doctor who is an expert on the condition of the veteran will be able to provide an independent medical opinion that will demonstrate the severity of the pre-service illness. In addition to a doctor's statement in addition, the veteran will have to submit medical records and lay declarations from friends or family members who can attest to the severity of their pre-service conditions.

In a ellettsville veterans disability lawyer disability claim it is crucial to keep in mind that the condition being aggravated has to be different from the original disability rating. An attorney who is a disability attorney can help a former servicemember on how to provide the proper medical evidence and testimony to prove that their condition was not just aggravated through military service, but was worse than it would have been without the aggravating factor.

VA proposes to revise its two "aggravation standards" in its regulations 38 CFR 3.306 and 3.310. The difference in the wording of these provisions has caused confusion and controversy in the claims process. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the source of litigation.

Conditions that are associated with Service

To be eligible for benefits the veteran must prove that his or her condition or disability was caused by service. This is referred to as "service connection." For certain ailments, like Ischemic heart disease or other cardiovascular diseases that develop as a result of services-connected amputations is granted automatically. For other conditions, such as PTSD veterans are required to provide witnesses or lay evidence from people who knew them in the military, to link their condition with a specific incident that took place during their time in service.

A pre-existing medical condition could be a service-related issue in the case that it was aggravated due to active duty service and not just the natural progression of the disease. The most effective method to prove this is by providing a doctor's opinion that states that the aggravation was due to service and not just the normal progress of the condition.

Certain illnesses and injuries may be attributed to or aggravated due to treatment. These are referred to as "presumptive illnesses." This includes exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in Prisoners of war, and various Gulf War conditions. Certain chronic illnesses and tropical diseases are presumed to have been caused or aggravated by service. These are AL amyloidosis or chloracne, other acne-related diseases such as porphyria cutanea tarda tuberculosis, multiple sclerosis and diabetes mellitus type 2. Click here for more information about these presumptive illnesses.

Appeal

The VA has a system for appealing their decision to grant or deny benefits. The first step is to submit a Notice of Dispute. Your VA-accredited attorney will likely make this filing on your behalf but if not, you can do it yourself. This form allows you to inform the VA you disagree with their decision and that you would like a more thorough review of your case.

There are two options available for central falls veterans disability attorney an additional level review. Both options should be carefully considered. You can request a private meeting with the Decision Review Officer at your local office. The DRO will conduct an de novo review (no deference given to the previous decision) and then either reverse or affirm the earlier decision. You could or might not be able submit new evidence. The other option is to request an interview with an Veterans Law Judge at the Board of Central Falls Veterans Disability Attorney' Appeals in Washington, D.C.

There are many aspects to consider when selecting the most effective route for your appeal, so it's essential to discuss these options with your attorney who is accredited by the VA. They'll have experience in this area and will know what makes sense for your specific case. They also understand the challenges faced by disabled veterans and can help them become more effective advocates for you.

Time Limits

If you suffer from a physical or mental impairment which was created or worsened during your military service, you can file a claim to receive compensation. You'll need to wait as the VA examines and decides on your application. It could take as long as 180 days after your claim is filed before you get an answer.

Many factors affect how long it takes the VA to consider your claim. The amount of evidence submitted is a significant factor in how quickly your application is reviewed. The location of the field office that handles your claim will also impact how long it takes for the VA to review your claim.

Another aspect that could affect the time it takes your claim to be processed is the frequency at which you contact the VA to check its progress. You can speed up the process by submitting proof whenever you can, being specific in your address details for the medical facilities you use, and submitting any requested information immediately when it becomes available.

You could request a higher-level review if you feel that the decision based on your disability was incorrect. This involves submitting all the evidence in your case to a senior reviewer who can determine whether there was a mistake in the initial decision. The review doesn't include any new evidence.