How to File a Veterans Disability Claim
The veteran’s claim for disability is a vital component of the application process for benefits. Many veterans who have their claims accepted receive a monthly income that is tax free.
It’s no secret that the VA is way behind in processing disability claims for veterans. The process can take months or even years.
Aggravation
Veterans could be qualified for disability compensation if their condition was made more difficult by their military service. This kind of claim can be mental or physical. A VA lawyer who is certified can assist an ex-military member submit an aggravated disabilities claim. The claimant must prove by proving medical evidence or an independent opinion, that their condition prior to service was made worse by active duty.
Typically the most effective way to prove that a pre-service issue was aggravated is to obtain 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 and statements from family members or friends who attest to their pre-service condition.
In a veterans disability claim it is important to keep in mind that the aggravated condition must be different from the original disability rating. A disability lawyer can guide the former soldier on how to provide the proper medical evidence and testimony to establish that their health condition was not merely aggravated by military service, but was worse than it would have been without the aggravating factor.
In order to address this issue VA is proposing to realign the two “aggravation” standards contained in its regulations – 38 CFR 3.306 and 3.310. The different language of these provisions has created confusion and controversy regarding the claims process. The inconsistent use of words such as “increased disability” and “any increased severity” have been the source of litigation.
Service-Connected Terms
To be eligible for benefits, they must demonstrate that their disability or illness is connected to service. This is known as “service connection.” Service connection is automatically granted for certain conditions, such Ischemic heart diseases or any other cardiovascular conditions that develop due to specific amputations that are connected to service. cary veterans disability law firm suffering from other ailments, like PTSD need to provide lay testimony or lay evidence from those who were their friends during their service to link their condition with a specific incident that occurred during their time in the military.
A preexisting medical issue could be a result of service if it was aggravated through active duty and not through natural progression of the disease. It is advisable to provide the doctor with a report explaining that the aggravation of the condition was caused by service, and not the natural development of the disease.
Certain ailments and injuries are believed to be caused or aggravated by service. These are called “presumptive illnesses.” This includes exposure to Agent Orange in Vietnam and Korea monroe veterans disability lawsuit radiation exposure in prisoners of War, as well as other Gulf War conditions. Certain chronic diseases and tropical illnesses are believed to have been caused or caused by military service. These include AL amyloidosis or chloracne, other acneform diseases, porphyria cutanea tarda, tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. For more information on these presumptive diseases, click here.
Appeal
The VA has a procedure to appeal their decision to award or deny benefits. The first step is to file an appeal called a Notice of Disagreement. If your lawyer who is accredited by the VA does not take this step for you, you are able to do 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 like a more thorough review of your case.
There are two options to request an additional level review. Both options should be considered carefully. One is to request a private hearing with an officer from the Decision Review Office at your regional office. The DRO will conduct an in-person (no review is given to prior decisions) review and either reverse the earlier decision or maintain the decision. You could or might not be allowed to submit new evidence. You can also request a hearing before a lakewood veterans disability lawyer Law judge at the Board of Veterans’ Appeals, Washington D.C.
It is crucial to discuss these issues with your VA-accredited lawyer. They will have experience and know the best option for your case. They also know the issues faced by disabled veterans and can be more effective advocates on your behalf.
Time Limits
If you suffer from a physical or mental impairment which was created or worsened in the military, you could file a claim in order to receive compensation. But you’ll need to be patient with the VA’s process for taking a look at and deciding on the merits of your claim. You may need to wait up to 180 calendar days after submitting your claim before receiving a decision.
There are many variables that influence how long the VA is able to make a decision on your claim. The amount of evidence you submit will play a significant role in the speed at which your application is considered. The location of the VA field office who will review your claim could also impact the length of time it takes.
How often you check in with the VA to check 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 providing all evidence as fast as you can, including specific details about the medical care facility you use, as well as providing any requested information.
You can request a more thorough review if you believe that the decision you were given regarding your disability was unjust. You must submit all the details of your case to a knowledgeable reviewer, who can determine whether there was a mistake in the initial decision. However, this review can’t contain new evidence.
