How to File a Veterans Disability Claim

The veteran's claim for disability is a crucial part of the application for benefits. Many veterans who have their claims approved receive additional monthly income that is tax-free.

It's not secret that VA is behind in the process of processing claims for disability by veterans. A decision can take months or even years.

Aggravation

A veteran may be able to receive disability compensation for a condition that was worsened due to their military service. This kind of claim can be either mental or physical. A VA lawyer who is qualified can help an ex-military person to file a claim for aggravated disabilities. The claimant must demonstrate by proving medical evidence or independent opinions, that their medical condition prior Vimeo to service was aggravated through active duty.

Typically the most effective method to prove that a pre-service issue was made worse is by obtaining an independent medical opinion from an expert doctor who is specialized in the condition of the veteran. In addition to the doctor's opinion in addition, Vimeo the veteran will need to submit medical records and lay statements from friends or family members who are able to confirm the severity of their pre-service conditions.

In a claim for a disability benefit for veterans it is crucial to keep in mind that the aggravated condition must differ from the original disability rating. A disability lawyer can assist an ex-servicemember present enough medical evidence and testimony to prove that their original condition wasn't simply aggravated due to military service however, it was much worse than it would have been if the aggravating factor weren't present.

In order to address this issue, VA is proposing to align the two "aggravation" standards contained in its regulations 38 CFR 3.306 and 3.310. The different language of these provisions has led to confusion and disagreement regarding the claims process. Specifically, the incongruent use of terms such as "increase in disability" and "any increase in severity" is the cause of disputes and confusion.

Service-Connected Conditions

To qualify for benefits, the veteran must prove that their health or disability was caused by service. This is referred to as proving "service connection." For some conditions, like ischemic heart disease or other cardiovascular diseases that arise as a result of service-connected amputations, service connection is automatically granted. Veterans suffering from other ailments, like PTSD are required to provide lay testimony or evidence from those who knew them during their time in service to connect their condition to an specific event that occurred during their military service.

A pre-existing medical issue can be service-related if it was aggravated because of active duty and not due to the natural progression of disease. It is advisable to provide an official report from a doctor that explains that the deterioration of the condition was caused by service, and not simply the natural progression of the disease.

Certain illnesses and injuries are believed to be caused or aggravated due to service. These are called "presumptive illnesses." This includes exposure to Agent Orange in Vietnam and Korea veterans, radiation exposure in Prisoners of War, as well as other Gulf War conditions. Some chronic diseases and tropical diseases are also believed to have been resulted or aggravated by military service. These include AL amyloidosis, chloracne or other acne-related diseases, porphyria cutanea tarda, tuberculosis, multiple sclerosis and diabetes mellitus type 2. Click here for more information about these presumptive diseases.

Appeal

The VA has a procedure for appeals to appeal their decision as to the issue of whether or not to grant benefits. The first step is to make a notice of disagreement. Your VA-accredited attorney is likely to complete this for you, but if they do not, you can do it yourself. This form is used by the VA to let them know that you do not agree with their decision, and vimeo you would like a higher-level review of your case.

You have two options for higher-level review. Both should be considered carefully. You can request a private meeting with a Decision Review Officer in your local office. The DRO will conduct an in-person (no review of previous decisions) review and either reverse the earlier decision or uphold the decision. You may or not be allowed to submit new evidence. You can also request a hearing before an Veterans Law judge at the Board of veterans disability lawsuit' Appeals, Washington D.C.

There are a variety of factors to consider when choosing the most appropriate route for your appeal, so it's important to discuss these issues with your VA-accredited attorney. They'll have experience in this area and will know the best option for your particular situation. They are also familiar with the challenges faced by disabled orlando veterans disability attorney and can be an effective advocate for you.

Time Limits

You can apply for compensation if you have a disability that you acquired or worsened as a result of serving in the military. You'll have to be patient while the VA evaluates and makes a decision on your claim. It could take up to 180 calendar days after filing your claim before receiving a decision.

There are many factors which can impact the length of time the VA will take to make an decision on your claim. The amount of evidence that you submit will play a big 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.

The frequency you check in with the VA on the status of your claim can affect the time it takes to process your claim. You can accelerate the process of filing a claim by submitting all evidence as quickly as possible, providing specific information about the medical center you use, as well as providing any requested information.

If you think there was a mistake in the decision on your disability, you may request a higher-level review. You must submit all the facts regarding your case to an experienced reviewer, who will determine whether there an error in the initial decision. This review does not include any new evidence.