How to File a Veterans Disability Claim
The veteran’s claim for disability is a key element of the application for benefits. Many taylor veterans disability attorney get tax-free income after their claims are approved.
It’s not secret that VA is behind in the processing of claims for disability from veterans. It can take months or even years for a decision to be made.
Aggravation
Veterans may be eligible for disability compensation in the event that their condition was aggravated due to their military service. This type of claim is called an aggravated disability. It could be either mental or physical. A VA lawyer who is qualified can help a former military member submit an aggravated disabilities claim. A claimant must demonstrate either through medical evidence or independent opinions, that their condition prior to service was aggravated due to active duty.
Typically, the most effective method to prove that a pre-service issue was aggravated is through an independent medical opinion from an expert physician who is knowledgeable about the condition of the veteran. In addition to a doctor’s report in addition, the veteran will have to submit medical records as well as lay statements from family members or friends who can confirm the severity of their pre-service condition.
In a claim for a disability benefit for veterans it is essential to note that the aggravated condition has to be distinct from the original disability rating. An attorney who is a disability attorney can help an ex-servicemember on how to provide sufficient medical evidence and testimony to prove that their original condition was not only caused by military service, but was worse than it would have been without the aggravating factor.
In addressing this issue, VA is proposing to realign the two “aggravation” standards in its regulations – 38 CFR 3.306 and 3.310. The difference in the wording of these provisions has led to confusion and disagreement regarding the claims process. Particularly, the inconsistent use of terms such as “increase in disability” and “any increase in severity” is the cause of litigation and confusion.
Conditions Associated with Service
To be eligible for benefits veterans must show that the disability or illness was caused by service. This is known as “service connection.” For certain diseases, such as Ischemic heart disease or other cardiovascular diseases that arise due to specific Amputations that are connected to service, the service connection is granted automatically. For other conditions, like PTSD Peru veterans disability attorney are required to provide lay evidence or testimony from people who were close to them in the military, to link their condition to a specific incident that occurred during their service.
A preexisting medical condition could be service-related in the case that it was aggravated through active duty and not caused by the natural progression of the disease. It is recommended to present a doctor’s report that explains that the deterioration of the condition was caused by service, not just the natural progression of the disease.
Certain injuries and illnesses may be believed to be caused or aggravated due to treatment. These are referred to as “presumptive illnesses.” These include exposure to Agent Orange for Vietnam and Korean veterans and radiation exposure in Prisoners of war, and various Gulf War conditions. Certain chronic illnesses and tropical diseases are suspected to have been resulted or aggravated by military service. This includes AL amyloidosis, as well as other acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis, Tuberculosis and diabetes Mellitus Type 2. For more information on these presumptive diseases, click here.
Appeal
The VA has a procedure for appealing their decision to award or deny benefits. The first step is to file a Notice of Disagreement. Your VA-accredited attorney will likely complete this for you however if not, you can file it yourself. This form allows you to inform the VA that you are not satisfied with their decision and that you’d like a higher-level analysis of your case.
There are two options for an upper-level review, both of which you should take into consideration. You can request a private meeting with the Decision Review Officer at your local office. The DRO will conduct an in-person (no consideration is given to prior decisions) review and either overturn the earlier decision or confirm the decision. You could be able or not required to provide new proof. The other option is to request an interview before a centerville veterans disability lawyer Law Judge at the Board of Veterans’ Appeals in Washington, D.C.
There are a variety of aspects to consider when selecting the most effective route for your appeal, so it’s essential to discuss these with your VA-accredited attorney. They’ll have expertise in this field and know the best option for your particular situation. They are also aware of the difficulties that disabled veterans face, which makes them an ideal advocate for you.
Time Limits
If you suffer from a disability that was acquired or worsened during your military service, you could file a claim in order to receive compensation. However, you’ll need to be patient with the VA’s process for considering and deciding about your claim. You may need to wait up to 180 calendar days after filing your claim to receive a decision.
There are many factors that can affect how long the VA will take to reach an decision on your claim. The amount of evidence that you submit will play a significant role in the speed at which your claim is reviewed. The location of the VA field office that will be reviewing your claim can also influence the time it takes to review your claim.
Another factor that can affect the time required for your claim to be processed is the frequency at which you contact the VA to inquire about its progress. You can accelerate the process by submitting proof promptly by being specific with your address information for the medical care facilities that you use, and sending any requested information when it becomes available.
You can request a higher level review if it is your opinion that the decision you were given regarding your disability was wrong. You will need to submit all the facts regarding your case to an experienced reviewer, who will determine whether there was a mistake in the initial decision. This review doesn’t contain any new evidence.
