How to File a Veterans Disability Claim

A veteran's disability claim is a critical component of his or her benefit application. Many wellington veterans disability lawsuit earn tax-free earnings when their claims are granted.

It's no secret that the VA is a long way behind in the process of processing disability claims for veterans. The process can take months or even years.

Aggravation

Veterans may be eligible for disability compensation if their condition was made more difficult by their military service. This type of claim is called an aggravated disability. It can be mental or physical. A VA lawyer who is competent can assist a former military member file an aggravated disabilities claim. The claimant must demonstrate using medical evidence or an independent opinion, that their medical condition prior to serving was aggravated due to active duty.

Typically, the most effective way to prove that a pre-service issue was aggravated is through an independent medical opinion by an expert doctor who is specialized in the veteran's disability. In addition to a doctor's statement the veteran will also be required to provide medical records and lay declarations from family or friends who can testify to the seriousness of their pre-service ailments.

It is essential to note in a veterans disability claim that the aggravated condition must be different from the initial disability rating. An attorney for disability can guide the former soldier on how to present sufficient medical evidence and testimony to prove that their original condition was not only aggravated by military service, but was worse than it would have been without the aggravating factor.

VA proposes to rewrite its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The differing language in these regulations has led to confusion and controversies during the claims process. Specifically, the incongruent use of terms such as "increase in disability" and "any increase in severity" has led to a lot of litigation and confusion.

Service-Connected Conditions

For a veteran to qualify for benefits, they must prove that their condition or illness is related to service. This is known as "service connection." For Vimeo.Com some conditions, such as Ischemic heart disease or other cardiovascular diseases that develop as a result of specific service-connected amputations, a service connection is automatically granted. Veterans suffering from other conditions, like PTSD and PTSD, are required to provide lay testimony or lay evidence from people who were close to them during their time in service to connect their condition to a specific event that occurred during their time in the military.

A preexisting medical issue could also be service-related if it was aggravated by their active duty service and not due to the natural progress of the disease. It is recommended to present an explanation from a doctor that the deterioration of the condition was due to service and not the natural progression.

Certain illnesses and injuries are presumed to have been caused or aggravated due to service. They are known as "presumptive diseases." 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 thought to be aggravated or caused by service. These are AL amyloidosis, chloracne or other acne-related conditions such as porphyria cutanea tarda multiple sclerosis, tuberculosis, and diabetes mellitus type 2. For more details on these presumptive conditions, visit here.

Appeal

The VA has a system to appeal their decision to grant or deny benefits. The first step is to submit a Notice of Disagreement. If your lawyer is certified by VA and does not do this for you, you are able to complete 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 prefer a more thorough review of your case.

There are two options available for an additional level review. Both should be considered carefully. You can request a private meeting with a Decision Review Officer at your local office. The DRO will conduct a de novo review (no deference to the previous decision) and either reverse or confirm the earlier decision. You may be required or not be required to present new evidence. You may also request an appointment with a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

There are a variety of aspects to consider when selecting the best lane for your appeal, and it is important to discuss these issues with your attorney who is accredited by the VA. They'll have experience in this area and will know what is the most appropriate option for your specific case. They are also aware of the difficulties that disabled veterans face and can help them become a stronger advocate for you.

Time Limits

You can apply for compensation if you suffer from an illness that you developed or worsened as a result of serving in the military. However, you'll need patient with the VA's process for review and deciding on the merits of your claim. You may need to wait up to 180 calendar days after submitting your claim to receive an answer.

Numerous factors can affect how long it takes the VA to make a decision on your claim. The amount of evidence that you submit will play a big role in how quickly your application is evaluated. The location of the VA field office who will review your claim could also impact the length of time required to review.

Another factor that could affect the length of time it takes 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 submitting all evidence as quickly as possible, providing specific information about the medical center you use, and sending any requested information.

You can request a more thorough review if it is your opinion that the decision you were given regarding your disability was incorrect. This involves submitting all evidence in your case to an expert reviewer who can determine whether there was an error in the initial decision. But, this review will not contain new evidence.