How to File a Veterans Disability Claim

The claim of a disabled veteran is a key component of the application process for benefits. Many veterans disability attorney who have their claims accepted receive additional income each month that is tax free.

It's no secret that VA is behind in the process of processing claims for disability by veterans. A decision can take months or even years.

Aggravation

A veteran may be able get disability compensation in the event of the condition that was worsened due to their military service. This type of claim is referred to as an aggravated disability and can be either physical or mental. A VA lawyer who is certified can assist an ex-military member make an aggravated disability claim. A claimant has to prove, through medical evidence or independent opinions, that their pre-service condition was made worse by active duty.

A physician who is an expert in the veteran's disability can provide an independent medical opinion which will prove the seriousness of the pre-service condition. In addition to a physician's declaration, the veteran will also require medical records and lay statements from family or friends who can attest to the extent of their pre-service injuries.

In a veterans disability - http://010-5491-6288.iwebplus.Co.kr/ - claim it is crucial to be aware that the aggravated condition must be distinct from the initial disability rating. An attorney for disability can guide the former service member on how to present sufficient medical evidence and testimony to establish that their original condition was not only aggravated through military service, but was worse than it would have been without the aggravating factor.

VA proposes to change its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The different wording in these regulations has caused confusion and controversy during the process of claiming. The incongruent use phrases like "increased disability" and "any increased severity" have been the source of litigation.

Service-Connected Terms

To be eligible for benefits, a veteran must prove that his or her condition or disability was caused by service. This is referred to as "service connection." For some diseases, such as Ischemic heart disease or other cardiovascular diseases that manifest as a result of specific services-connected amputations is granted automatically. For other conditions, such as PTSD veterans have to present lay evidence or testimony from people who knew them in the military to prove their condition to an specific incident that took place during their time of service.

A pre-existing medical condition could also be service related in the event that it was aggravated by active duty and not as a natural progression of the disease. It is recommended to present an explanation from a doctor that the deterioration of the condition was due to service and not the natural progress of the disease.

Certain injuries and illnesses may be believed to be caused or aggravated due to service. They are known 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 believed to have been resulted or aggravated by military service. These include AL amyloidosis or chloracne, other acneform diseases, porphyria cutanea tarda, tuberculosis, multiple sclerosis and diabetes mellitus type 2. Click here for more details about these presumptive illnesses.

Appeal

The VA has a system for appealing their decision to grant or deny benefits. The first step is to file a Notice of Disagreement. If your lawyer is certified by VA and does not do this for you, you are able to complete it on your own. This form is used by the VA to inform them that you do not agree with their decision, and would prefer a more thorough review of your case.

There are two options for an upper-level review that you should carefully consider. One option is to request a private hearing with the Decision Review Officer in your regional office. The DRO will conduct a review de novo (no deference given to the previous decision) and either reverse or confirm the earlier decision. You could or might not be able to present new evidence. You can also request an appearance before an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It is essential to discuss all of these factors with your VA-accredited attorney. They're experienced in this field and know the best option for your particular case. They also know the difficulties that disabled veterans face which makes them an ideal advocate for you.

Time Limits

You can claim compensation if you have a disability that was acquired or worsened during your time in the military. However, you'll need to be patient during the VA's process for review and deciding on the merits of your claim. It could take up 180 days after the claim has been filed before you are given an answer.

There are a variety of factors which can impact the length of time the VA is able to make a decision on your claim. The speed at which your claim will be considered is mostly determined by the amount of evidence you submit. The location of the VA field office which will be reviewing your claim can also influence the length of time it takes.

Another factor that can affect the length of time it takes your claim to be processed is the frequency at which you contact the VA to inquire about the status of your claim. You can speed up the process by submitting all evidence as quickly as possible, providing specific details about the medical facility you use, as well as providing any requested details.

You can request a more thorough review if you feel that the decision you were given regarding your disability was unjust. This involves submitting all existing facts in your case to an experienced reviewer who will determine whether there was a mistake in the original decision. This review does not include any new evidence.