How to File a Veterans Disability Claim

The veteran's claim for disability is a key part of the application for Vimeo.Com benefits. Many sandy springs veterans disability law firm receive tax-free income when their claims are granted.

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

Aggravation

A veteran might be able to receive disability compensation for a condition caused by their military service. This type of claim is referred to as an aggravated impairment and can be either physical or mental. A VA lawyer who is certified can help a former military member submit an aggravated disabilities claim. A claimant has to prove either through medical evidence or unbiased opinions that their condition prior to service was made worse by active duty.

Typically, the best way to demonstrate that a condition prior to service was aggravated is to get an independent medical opinion from an expert doctor who is specialized in the disability of veterans. In addition to the doctor's report, the veteran is required to submit medical records as well as statements from relatives or friends who can attest to their pre-service condition.

When a claim for disability benefits from veterans it is crucial to be aware that the aggravated condition has to be distinct from the initial disability rating. A disability lawyer can guide the former soldier on how to provide the proper medical evidence and evidence to show that their condition was not only caused by military service, but was worse than it would have been had it not been for the aggravating factor.

In addressing this issue VA is proposing to change the two "aggravation" standards in its regulations - 38 CFR 3.306 and 3.310. The differing wording of these provisions has caused confusion and controversy in the process of claiming. Specifically, the incongruent use of terms like "increase in disability" and "any increase in severity" is the cause of litigation and uncertainty.

Service-Connected Terms

For a veteran to qualify for benefits, they have to prove that their condition or illness is linked to service. This is called showing "service connection." Service connection is granted automatically for certain ailments, like ischemic heart diseases or other cardiovascular diseases that develop as a result specific amputations linked to service. Veterans suffering from other conditions, like PTSD need to provide the evidence of lay witnesses or from people who knew them during their service to link their condition with a specific event that occurred during their time in the military.

A preexisting medical condition may also be service-related in the event that it was aggravated by active duty and not caused by the natural progression of the disease. It is advisable to provide an explanation from a doctor that the aggravation of the condition was due to service, and not simply the natural progression.

Certain illnesses and injuries are believed to have been caused or aggravated due to service. These are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans, radiation exposure in Prisoners of War and other Gulf War conditions. Certain chronic diseases and tropical illnesses are assumed to have been aggravated or caused by military service. This includes AL amyloidosis and other acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis and diabetes Mellitus Type 2. For more information on these presumptive conditions, visit here.

Appeal

The VA has a procedure to appeal their decision as to whether or not to grant benefits. The first step is to make a notice of disagreement. Your VA-accredited attorney may submit this form on your behalf however if not, you are able to file it yourself. This form is used by the VA to inform them that you do not agree with their decision and would prefer a more thorough review of your case.

You have two options for a more thorough review. Both should be carefully considered. You can request a private meeting with the Decision Review Officer at your local office. The DRO will conduct a de novo (no review is given to prior decisions) review and either reverse the earlier decision or maintain the decision. You may or may not be allowed to submit new evidence. You can also request a hearing before a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It is crucial to discuss all of these factors with your VA-accredited lawyer. They're experienced and know what is best for your situation. They also know the challenges faced by disabled veterans and can be a better advocate for you.

Time Limits

If you suffer from a physical or mental impairment that was caused or aggravated during your military service, you can file a claim to receive compensation. However, you'll need patient with the VA's process for taking a look at and deciding on your application. You could have to wait up to 180 calendar days after filing your claim to receive a decision.

Numerous factors can affect the time it takes for VA to decide on your claim. The speed at which your claim will be reviewed is largely determined by the quantity of evidence that you submit. The location of the field office handling your claim will also affect the time it will take for the VA to review your claim.

Another factor that can impact the time it takes 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 sending all documentation as quickly as you can, and providing specific details regarding the medical center you use, as well as sending any requested information.

You could request a higher-level review if you believe the decision you were given regarding your disability was not correct. You must submit all the facts regarding your case to a knowledgeable reviewer who will determine whether there an error in the original decision. However, this review can't include any new evidence.