How to File a Veterans Disability Claim

The claim of a disabled veteran is an important element of the application for benefits. Many paris Veterans disability Law firm who have their claims accepted receive an additional monthly income that is tax free.

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

Aggravation

A veteran could be eligible to receive compensation for disability due to a condition made worse by their military service. This type of claim is called an aggravated impairment and can be either physical or mental. A VA lawyer who is competent can assist an ex-military person to file a claim for aggravated disabilities. A claimant has to prove using medical evidence or independent opinions, that their pre-service medical condition was made worse by active duty.

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

It is essential to note in a claim to be disabled by a veteran that the conditions that are aggravated must be different from the initial disability rating. A disability lawyer can assist former service members provide the necessary medical evidence and witness to show that their initial condition wasn't merely aggravated by military service, but that it was more severe than what it would have been had the aggravating factor had not been present.

VA proposes to rewrite its two "aggravation standards" in its regulations, 38 CFR 3.306 and 3.310. The differing language used in these provisions has caused confusion and controversy during the process of making claims. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the cause of litigation.

Service-Connected Conditions

To be eligible for benefits a veteran must prove that the impairment or illness was caused by service. This is referred to as "service connection." For some diseases, such as Ischemic heart disease or other cardiovascular diseases that manifest due to specific service-connected amputations, a service connection is automatically granted. hoopeston veterans disability lawyer suffering from other ailments, like PTSD and PTSD, are required to provide lay testimony or evidence from people who were close to them during their time in service to connect their condition to an specific event that occurred during their military service.

A pre-existing medical condition can be service-related in the event that it was aggravated because of active duty, and not the natural progression of disease. The most effective way to demonstrate this is to provide the opinion of a doctor that the aggravation was due to service, and not the normal progression of the disease.

Certain ailments and injuries can be attributed to or aggravated by service. These are referred to as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans exposure to radiation in Prisoners of war, and other Gulf War conditions. Certain chronic diseases and tropical diseases are also thought to be caused or aggravated from service. They include AL amyloidosis and chloracne as well as other acne-related conditions Porphyria Cutanea Tighta, tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. Click here for more details about these presumptive illnesses.

Appeal

The VA has a process to appeal their decision regarding the issue of whether or not to grant benefits. The first step is to make a notice of disagreement. If your VA-accredited lawyer will not complete this task for you, you are able to do it yourself. This form is used to tell the VA you disagree with their decision and that you'd like a higher-level analysis of your case.

There are two options to request higher-level review. Both should be considered carefully. You can request a personal meeting with a Decision Review Officer at your local office. The DRO will conduct an in-person (no review is given to the previous decisions) review and either overturn the earlier decision or maintain the decision. You could or might not be able submit new evidence. Another option is to request an interview with a Veterans Law Judge from the Board of howard veterans disability law firm' Appeals in Washington, D.C.

It's important to discuss all of these issues with your VA-accredited attorney. They're experienced in this area and will know what is the most appropriate option for your particular situation. They also understand the challenges that disabled veterans face, which can make them more effective advocates for you.

Time Limits

You can apply for compensation if you suffer from an impairment that you acquired or worsened as a result of serving in the military. You'll need to wait while the VA examines and decides on your application. You may need to wait up to 180 calendar days after filing your claim before you get a decision.

There are many variables that affect the time the VA will take to make an decision on your claim. How quickly your claim will be reviewed is largely determined by the quantity of evidence you have submitted. The location of the VA field office which will be reviewing your claim can also impact how long it takes.

The frequency you check in with the VA regarding the status of your claim could affect the length of time it takes to complete the process. You can accelerate the process by submitting evidence promptly, being specific in your address information for the medical care facilities that you use, and submitting any requested information when it becomes available.

You could request a higher-level review if you believe the decision based on your disability was unjust. You'll need to provide all the details of your case to an experienced reviewer, who will decide whether there was a mistake in the original decision. This review doesn't contain any new evidence.