How to File a Veterans Disability Claim
The claim of a veteran for disability is a vital element of the application for benefits. Many veterans receive tax-free income when their claims are granted.
It’s no secret that the VA is a long way behind in processing disability claims made by veterans. A decision can take months or even years.
Aggravation
A veteran could be eligible to claim disability compensation for the condition that was worsened due to their military service. This type of claim may be mental or physical. A licensed VA lawyer can assist the former service member make an aggravated disability claim. The claimant must prove via medical evidence or an independent opinion, that their pre-service condition was made worse by active duty.
A physician who is an expert in the condition of the veteran can provide an independent medical opinion that will demonstrate the seriousness of the pre-service condition. In addition to the doctor’s opinion, the veteran should also submit medical records as well as statements from family members or friends who attest to their pre-service condition.
When a claim for disability benefits from waverly veterans disability law firm it is essential to keep in mind that the aggravated condition must differ from the original disability rating. A disability attorney can advise the former service member on how to provide sufficient medical evidence and proof that their original condition was not only caused through military service, but was worse than it would have been without the aggravating factor.
VA proposes to realign its two “aggravation standards” in its regulations 38 CFR 3.306 and 3.310. The differing wording of these provisions has created confusion and disagreement in the process of claiming. The inconsistent use of phrases such as “increased disability” and “any increased severity” are the main cause of litigation.
Conditions that are associated with Service
To be eligible for benefits, the veteran must prove that the cause of their impairment or illness was caused by service. This is referred to as “service connection.” For certain ailments, like ischemic heart disease or other cardiovascular diseases that develop due to specific services-connected amputations is automatically granted. For other conditions, like PTSD veterans have to present lay evidence or testimony from those who knew them during the military, to connect their condition to an specific incident that occurred during their time of service.
A pre-existing medical condition can also be service related in the case that it was aggravated because of active duty and not just the natural progression of disease. It is best to provide the doctor with a report explaining that the deterioration of the condition was caused by service, and not simply the natural progression.
Certain illnesses and injuries are believed to have been caused or aggravated 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. Certain chronic diseases and tropical illnesses are thought to be aggravated or caused by service. These include AL amyloidosis or chloracne, other acne-related conditions and porphyria cutsanea tarda tuberculosis, multiple sclerosis and diabetes mellitus type 2. For more information on these probable conditions, click here.
Appeal
The VA has a system for appealing their decision on whether or not to grant benefits. The first step is filing a Notice of Disagreement. The VA-accredited attorney you have chosen will make this filing on your behalf however if not, you may file it yourself. This form is used by the VA to let them know that you are not satisfied with their decision, and you would like a higher-level review of your case.
There are two options to request a more thorough review. Both options should be carefully considered. You can request a private meeting with a Decision Review Officer at your local office. The DRO will conduct a review de novo (no deference given to the decision made previously) and either reverse or uphold the earlier decision. You could be able or not be required to present new evidence. The other path is to request an interview with a Veterans Law Judge at the Board of Vero Beach Veterans Disability Lawyer‘ Appeals in Washington, D.C.
It is essential to discuss these aspects with your VA-accredited lawyer. They’ll have experience and know the best option for your situation. They also know the challenges that disabled veterans face and their families, which makes them an ideal advocate for you.
Time Limits
If you suffer from a disability that was caused or aggravated during your military service, you may file a claim to receive compensation. However, you’ll need to be patient when it comes to the VA’s process of taking a look at and deciding on the merits of your claim. It may take up to 180 days after the claim has been filed before you receive a decision.
Many factors can influence how long it takes the VA to make a decision on your claim. The amount of evidence that you submit will play a major role in the speed at which your application is reviewed. The location of the VA field office which will be evaluating your claim can also influence how long it takes.
Another aspect that could affect the length of time it takes your claim to be processed is the frequency at which you contact the VA to check the progress of your claim. You can speed up the process by providing all evidence as fast as possible, providing specific details regarding the medical facility you use, as well as sending any requested information.
You may request a higher-level review if you feel that the decision based on your disability was incorrect. You’ll have to submit all the details of your case to an experienced reviewer, who can determine whether there was a mistake in the initial decision. This review does not contain any new evidence.