How to File a Veterans Disability Claim
The veteran’s claim for disability is a vital part of the application for benefits. Many veterans who have their claims approved receive a monthly income that is tax-free.
It’s no secret that VA is behind in the process of processing claims for disability by veterans. The decision could take months or even years.
Aggravation
Veterans may be entitled to disability compensation if their condition was aggravated due to their military service. This type of claim may be physical or mental. A competent VA lawyer can assist the former service member to file an aggravated disability claim. A claimant needs to prove, through medical evidence or unbiased opinions that their condition prior to service was aggravated due to active duty.
Typically the most effective way to prove that a condition prior to service was aggravated is to get an independent medical opinion from an expert doctor who is specialized in the disability of veterans disability law firm. In addition to the doctor’s report, the veteran is required to submit medical records as well as statements from family members or friends who can attest to their pre-service condition.
When a claim for disability benefits from veterans, it is important to note that the aggravated condition has to be distinct from the initial disability rating. A disability lawyer can help an ex-servicemember present enough medical evidence and testimony to prove that their original condition wasn’t only aggravated due to military service however, it was much worse than it would have been if the aggravating factor had not been present.
In addressing this issue VA is proposing to change the two “aggravation” standards within its regulations – 38 CFR 3.306 and 3.310. The differing language used in these regulations has caused confusion and controversies during the claims process. The incongruent use phrases like “increased disability” and “any increased severity” have been the root of litigation.
Conditions of Service
To be eligible for benefits, they have to prove that their disability or illness is linked to service. This is known as “service connection.” For some 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. veterans disability Lawyer with other conditions, like PTSD, must provide the evidence of lay witnesses or from those who were their friends during their service to link their condition with a specific event that occurred during their time in the military.
A pre-existing medical problem can be a service-related issue when it was made worse because of active duty, and not the natural progression of disease. It is best to submit the doctor with a report explaining that the aggravation of the condition was caused by service, and not simply the natural progression of the disease.
Certain injuries and illnesses are believed to have been caused or worsened by service. These are referred to as “presumptive illnesses.” This includes exposure to Agent Orange in Vietnam and Korea veterans, radiation exposure in Prisoners of War and other Gulf War conditions. Some chronic illnesses and tropical diseases are also suspected to have been resulted or aggravated by military service. These are AL amyloidosis, chloracne, other acne-related disorders Porphyria Cutanea Tighta, tuberculosis and multiple sclerosis and diabetes mellitus type 2. For more information on these presumptive conditions, visit 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 may make this filing on your behalf however, if not, you can do it yourself. This form is used by the VA to let them know that you are not satisfied with their decision, and want a higher level review of your case.
There are two paths to an upper-level review that you should carefully consider. One is to request a personal hearing with a Decision Review Officer at your regional office. The DRO will conduct an de novo review (no deference given to the earlier decision) and then either reverse or affirm the earlier decision. You may or may not be able to present new evidence. The other option is to request a hearing with an Veterans Law Judge from the Board of Veterans’ Appeals in Washington, D.C.
There are a variety of factors to consider when choosing the best route for your appeal, so it’s essential to discuss these options with your attorney who is accredited by the VA. They’ll have expertise in this area and will know what makes sense for your specific case. They also understand the challenges that disabled veterans face, which can make them more effective advocates on your behalf.
Time Limits
You may be eligible for compensation if you suffer from an impairment that you acquired or worsened as a result of serving in the military. But you’ll need to be patient with the VA’s process for taking a look at and deciding on your claim. It could take up to 180 calendar days after submitting your claim before receiving a decision.
Numerous factors can affect how long it takes the VA to decide on your claim. How quickly your application will be reviewed is largely determined by the amount of evidence that you submit. The location of the VA field office which will be evaluating your claim can also impact the length of time required to review.
Another factor that can impact the time it takes for your claim to be processed is how often you contact the VA to check the progress of your claim. You can accelerate the process by submitting proof whenever you can and by providing specific information regarding the addresses of the medical facilities you use, and sending any requested information as soon as it’s available.
If you believe there was a mistake in the decision made regarding your disability, you may request a more thorough review. This involves submitting all the facts that exist in your case to an expert reviewer who can determine if there was an error in the initial decision. However, this review cannot contain new evidence.