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How to File a Veterans Disability Claim

A veteran's disability claim is an essential part of their benefit application. Many veterans receive tax-free income when their claims are granted.

It's no secret that VA is behind in the process of processing claims for northfield veterans Disability Law firm disability by lake mary veterans disability law firm. It can take months or even years, for a decision to be made.

Aggravation

Veterans may be entitled to disability compensation if their condition was made more difficult by their military service. This type of claim could be physical or mental. A competent VA lawyer can help the former service member submit an aggravated claim. A claimant needs to prove either through medical evidence or an independent opinion, that their condition prior to service was aggravated due to active duty.

A physician who is an expert on the disability of the veteran can offer an independent medical opinion that will demonstrate the severity of the pre-service illness. In addition to a doctor's statement the veteran will need to submit medical records and lay statements from family or friends who can attest to the severity of their pre-service condition.

It is vital to remember in a claim to be disabled by a veteran that the aggravated conditions must differ from the original disability rating. Disability lawyers can help former service members provide the necessary medical evidence and testimony to show that their initial condition wasn't only aggravated because of military service, but it was worse than 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 & 3.310. The differing language in these provisions has led to confusion and disagreement during the process of claiming. Specifically, the incongruent usage of terms such as "increase in disability" and "any increase in severity" is the cause of litigation and confusion.

Service-Connected Conditions

To be eligible for benefits, they have to prove that their condition or illness is related to their service. This is called showing "service connection." Service connection is automatically granted for certain ailments, like Ischemic heart diseases and other cardiovascular disease that develops as a result specific amputations linked to service. For other conditions, like PTSD Northfield Veterans Disability Law Firm have to present the evidence of laypeople or people who were close to them in the military, in order to connect their condition to a specific incident that took place during their service.

A preexisting medical condition could be a result of service in the event that it was aggravated by active duty and not caused by the natural progress of the disease. It is advisable to provide the doctor with a report explaining that the aggravation of the condition was caused by service, not just the natural progression of the disease.

Certain illnesses and injuries may be attributed to or aggravated due to treatment. These are called "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans exposure to radiation in Prisoners of War, as well as different Gulf War conditions. Certain chronic illnesses and tropical diseases are thought to be caused or aggravated from service. These include AL amyloidosis and chloracne as well as other acne-related conditions such as porphyria cutanea tarda tuberculosis and multiple sclerosis and diabetes mellitus type 2. Click here to learn more about these presumptive diseases.

Appeal

The VA has a system to appeal their decision as to whether or not to grant benefits. The first step is filing an appeal called a Notice of Disagreement. If your VA-accredited lawyer does not handle this for you, you are able to do it on your own. This form is used by the VA to inform them that you disagree with their decision and would like a more thorough review of your case.

There are two options available for a higher level review. Both should be carefully considered. One is to request a private hearing with a Decision Review Officer at your regional office. The DRO will conduct a review de novo (no deference given to the previous decision) and then either reverse or affirm the decision made earlier. You could or might not be able to present new evidence. You may also request a hearing before an gladstone veterans disability attorney Law judge at the Board of Veterans' Appeals, Washington D.C.

It is important to discuss these aspects with your VA-accredited lawyer. They're experienced and know the best option for your case. They are also aware of the challenges that disabled veterans face which makes them an effective advocate on your behalf.

Time Limits

You can seek compensation if you suffer from a disability that you acquired or worsened during your time in the military. You'll need to wait while the VA reviews and decides on your application. It could take up to 180 calendar days after submitting your claim before receiving a decision.

Many factors affect the time it takes for the VA to determine your claim. The speed at which your application will be evaluated is largely determined by the amount of evidence you provide. The location of the field office handling your claim can also influence the time it will take for the VA to review your claim.

Another factor that can impact the 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 accelerate the process by submitting evidence promptly by being specific with your address information for the medical care facilities that you utilize, and providing any requested information as soon as it's available.

If you believe that there was an error in the decision on your disability, you may request a more thorough review. You will need to submit all the details of your case to an experienced reviewer, who can determine whether there an error in the initial decision. This review doesn't contain any new evidence.