How to File a Veterans Disability Claim

The veteran's claim for disability is a key component of the application process for benefits. Many veterans earn tax-free earnings when their claims are approved.

It's no secret that VA is behind in the processing of claims for disability from vienna veterans disability attorney. It can take months, even years, for a decision to be made.

Aggravation

A veteran may be able to claim disability compensation for an illness that was worsened by their military service. This type of claim could be either mental or physical. A VA lawyer who is competent can help an ex-military personnel to file a claim for aggravated disabilities. A claimant has to prove through medical evidence or an independent opinion, that their medical condition prior to serving was made worse 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 disability of veterans. In addition to a doctor's report in addition, the veteran will be required to provide medical records and lay statements from family or friends who can attest to the severity of their pre-service condition.

In a claim for disability benefits for veterans it is crucial to note that the condition that is aggravated must be distinct from the initial disability rating. A disability lawyer can help former service members provide the necessary medical evidence and witness to establish that their original condition wasn't simply aggravated due to military service but was also more severe than what it would have been had the aggravating factor weren't present.

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

Service-Connected Terms

To be eligible for benefits a veteran must prove that the cause of their health or disability was caused by service. This is known as showing "service connection." For certain conditions, like Ischemic heart disease and other cardiovascular diseases that arise because of service-connected amputations, service connection is granted automatically. Veterans suffering from other conditions, like PTSD are required to provide witness testimony or lay evidence from those who knew them during their time in service to connect their condition to an specific event that occurred during their time in the military.

A pre-existing medical issue can be a result of service in the event that it was aggravated due to active duty service and not due to the natural progression of disease. The best way to establish this is by submitting an opinion from a doctor that states that the ailment was due to service and not just the normal development of the condition.

Certain injuries and illnesses are presumed to have been caused or aggravated by service. These are referred to 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 illnesses and tropical diseases are thought to be caused or aggravated from service. This includes AL amyloidosis, as well as other acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis Tuberculosis and Diabetes Mellitus Type 2. Click here for more information about these probable diseases.

Appeals

The VA has a process to appeal their decision regarding whether or not to grant benefits. The first step is to file a Notice of Disagreement. If your lawyer is certified by VA and does not do this for the client, then you must do it yourself. This form is used to notify the VA you disagree with their decision and you would like a more thorough review of your case.

There are two options for 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 de novo review (no deference to the earlier decision) and either overturn or uphold the earlier decision. You may be required or not to submit new proof. The other path is to request an appointment with a los alamitos veterans disability lawsuit Law Judge from the Board of Veterans' Appeals in Washington, D.C.

It is crucial to discuss these issues with your VA-accredited attorney. They'll have experience in this area and will know what makes the most sense for your particular case. They also know the difficulties faced by disabled veterans, which makes them an ideal advocate for you.

Time Limits

You may be eligible for compensation if you have an illness that you developed or worsened lake in the Hills veterans Disability lawsuit the course of serving in the military. You'll need to be patient while the VA reviews and decides on your claim. It could take up to 180 calendar days after submitting your claim to receive a decision.

Many factors can influence how long it takes the VA to decide on your claim. The speed at which your claim will be evaluated is largely determined by the volume of evidence that you submit. The location of the field office that handles your claim also influences how long it will take for the VA to review your claim.

Another factor that can impact the time it takes for your claim to be processed is the frequency at which you contact the VA to inquire about the status of your claim. You can accelerate the process by submitting evidence promptly and by providing specific details regarding the address of the medical care facilities you use, and sending any requested information as soon as it's available.

If you think there has been a mistake in the decision on your disability, you can request a more thorough review. You will need to submit all the details of your case to a knowledgeable reviewer, who will decide whether there an error in the initial decision. This review does not include any new evidence.