How to File a Veterans Disability Claim
A veteran’s disability claim is a crucial element of their benefit application. Many veterans who have their claims accepted receive a monthly income that is tax-free.
It’s no secret that VA is a long way behind in processing disability claims for veterans. It could take months, even years for a decision to be made.
Aggravation
Veterans may be eligible for disability compensation if their condition was caused by their military service. This type of claim is called an aggravated disability. It can be mental or physical. A licensed VA lawyer can help the former soldier file an aggravated disability claim. A claimant must prove, with medical evidence or an independent opinion, that their medical condition prior to service was made worse through active duty.
Typically, the most effective method to prove that a pre-service issue was aggravated is to obtain an independent medical opinion by a physician who specializes in the condition of the veteran. In addition to the doctor’s statement the veteran must also submit medical records as well as statements from relatives or friends who can attest to their pre-service condition.
It is vital to remember in a claim for vimeo a disability benefit for veterans that the condition being aggravated has to be different than the original disability rating. A disability attorney can advise a former servicemember on how to provide the proper medical evidence and testimony to prove that their condition was not just aggravated through military service, but actually worse than it would have been had it not been for the aggravating factor.
VA proposes to rewrite its two “aggravation standards” in its regulations, 38 CFR 3.306 and 3.310. The differing language in these provisions has caused confusion and disagreement during the claims process. The incongruent use phrases like “increased disability” and “any increased severity” have been the cause of litigation.
Service-Connected Terms
For a veteran to qualify for benefits, they must demonstrate that their condition or illness is connected to service. This is called showing “service connection.” Service connection is automatically granted for certain ailments, like Ischemic heart disease or another cardiovascular conditions that develop as a result specific amputations that are connected to service. For other conditions, like PTSD veterans are required to provide witnesses or lay evidence from those who knew them during the military to prove their condition with a specific incident that took place during their time of service.
A preexisting medical condition may also be service-connected in the case that it was aggravated by active duty and not through natural progress of the disease. It is best to provide an explanation from a doctor that the deterioration of the condition was due to service, not just the natural progression of the disease.
Certain ailments and injuries are presumed to have been caused or aggravated by the service. These are called “presumptive diseases.” These include exposure to Agent Orange for Vietnam and Korean veterans as well as exposure to radiation for Prisoners of War, as well as numerous Gulf War conditions. Some chronic illnesses and tropical diseases are thought to be caused or worsened by military service. They include AL amyloidosis and chloracne as well as other acne-related conditions, porphyria cutanea tarda, tuberculosis, multiple sclerosis and diabetes mellitus type 2. Click here for more information about these presumptive diseases.
Appeal
The VA has a procedure to appeal their decision to grant or deny benefits. The first step is filing a Notice of Disagreement. If your lawyer is certified by VA and does not do this for you, you are able to do it yourself. This form allows you to inform the VA that you are not satisfied with their decision and that you’d like to have a more thorough review of your case.
There are two options for an additional level review. Both options 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 de novo (no review is given to the previous decisions) review and either overturn the earlier decision or maintain it. You may or not be allowed to submit new evidence. You may also request a hearing before an evansdale veterans disability law firm Law judge at the Board of Veterans’ Appeals, Washington D.C.
There are a variety of aspects to consider when selecting the most effective route for your appeal, so it’s important to discuss these options with your attorney who is accredited by the VA. They’re experienced and know the best option for your case. They are also familiar with the challenges that disabled veterans face which makes them more effective advocates for you.
Time Limits
If you suffer from a condition which was created or Vimeo worsened during your military service, you can file a claim and receive compensation. You’ll need to be patient as the VA examines and decides on your application. It could take up to 180 calendar days after filing your claim to receive a decision.
There are a variety of factors which can impact the length of time the VA will take to reach an decision on your claim. The amount of evidence submitted will play a big role in the speed at which your claim is reviewed. The location of the VA field office which will be reviewing your claim can also impact how long it takes.
Another aspect that could affect the time it takes your claim to be processed is how often you contact the VA to check its progress. You can help accelerate the process by submitting proof promptly, being specific in your information regarding the addresses of the medical facilities you use, and submitting any requested information as soon as it is available.
If you believe that there was an error in the decision made regarding your disability, you are able to request a higher-level review. This involves submitting all the facts that exist in your case to an experienced reviewer who will determine if there was an error in the original decision. This review does not include any new evidence.