How to File a Veterans Disability Claim
A veteran’s disability claim is a crucial part of their benefit application. Many veterans get tax-free income when their claims are granted.
It’s no secret that VA is behind in the process of processing claims for disability by thatcher veterans disability law firm. It can take months, even years for a decision to be made.
Aggravation
Veterans may be eligible for disability compensation if their condition was made more difficult by their military service. This type of claim is called an aggravated disability. It could be mental or physical. A VA lawyer who is qualified can assist an ex-military person file an aggravated disabilities claim. The claimant must demonstrate using medical evidence or independent opinions, that their medical condition prior to serving was made worse through active duty.
Typically the best way to prove that a condition prior to service was made worse is by obtaining an independent medical opinion from an expert physician who is knowledgeable about the disabled veteran. In addition to the physician’s statement, the veteran should also submit medical records as well as the lay statements of family or friends who can attest to their pre-service condition.
It is vital to remember in a claim for a disability benefit for veterans that the aggravated conditions must be different from the initial disability rating. An attorney who is a disability attorney can help a former servicemember on how to provide the proper 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 and 3.310. The differing wording of these provisions has caused confusion and controversies during the process of claiming. Specifically, the incongruent use of terms such as “increase in disability” and “any increase in severity” has been the source of disputes and uncertainty.
Conditions that are associated with Service
To qualify a veteran for benefits, they must show that their disability or illness is connected to service. This is referred to as “service connection.” For some ailments, like ischemic heart disease or other cardiovascular diseases that arise because of services-connected amputations is granted automatically. Veterans suffering from other conditions like PTSD are required to provide lay testimony or lay evidence from people who knew them during their time in service to connect their condition to a specific incident that occurred during their time in the military.
A preexisting medical condition could be a result of service if it was aggravated by their active duty service and not caused by the natural progress of the disease. It is best to submit an official report from a doctor that explains that the deterioration of the condition was caused by service, and not simply the natural development of the disease.
Certain illnesses and injuries are presumed to have been caused or aggravated by service. They are known as “presumptive diseases.” They include exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in Prisoners of War, and different Gulf War conditions. Certain chronic diseases and tropical illnesses are also assumed to have been aggravated or caused by military service. This includes AL amyloidosis, as well as other acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis Tuberculosis, and Diabetes Mellitus Type 2. Click here for more information about these probable diseases.
Appeals
The VA has a procedure to appeal their decision on the issue of whether or not to grant benefits. The first step is to file a Notice of Disagreement. Your VA-accredited attorney will likely complete this for you but 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 you would like a higher-level review of your case.
There are two paths to an upper-level review, both of which you should take into consideration. One option is to request a hearing with a Decision Review Officer from your regional office. The DRO will conduct an de novo review (no deference given to the decision made previously) and either overturn or confirm the earlier decision. You could or might not be able to submit new evidence. You may also request an appointment with an Veterans Law judge at the Board of hazlehurst veterans disability Lawyer‘ Appeals, Washington D.C.
There are a variety of factors to consider when choosing the best route for your appeal, and it’s crucial to discuss these issues with your VA-accredited attorney. They will have experience and know the best option for your situation. They also know the difficulties that disabled veterans face and their families, which makes them an effective advocate for you.
Time Limits
If you suffer from a disability that was incurred or worsened during military service, then you may file a claim to receive compensation. However, you’ll need patient with the process of review and deciding on your claim. You may have to wait up to 180 calendar days after submitting your claim before you get an answer.
Many factors influence the time it takes for the VA to make a decision on your claim. The amount of evidence submitted will play a major role in how quickly your claim is evaluated. The location of the field office responsible for your claim will also impact the time it takes for the VA to review your claims.
Another factor that could affect the time it takes for your claim to be processed is how often you contact the VA to inquire about its progress. You can accelerate the process by sending all documentation as quickly as you can, and providing specific information about the medical care facility you use, as well as sending any requested details.
If you think there has been an error in the decision on your disability, you may request a more thorough review. This involves submitting all the relevant facts of your case to an experienced reviewer who will determine whether there was a mistake in the initial decision. The review doesn’t include any new evidence.