How to File a Veterans Disability Claim
The claim of a veteran for disability is a crucial component of the application process for benefits. Many tallahassee veterans disability lawsuit get tax-free income when their claims are granted.
It’s not a secret that the VA is a long way behind in processing disability claims made by veterans. It can take months, even years for a determination to be made.
Aggravation
A veteran may be able to receive disability compensation for a condition worsened by their military service. This type of claim is called an aggravated disability. It could be either mental or physical. A competent VA lawyer can help a former servicemember make an aggravated disability claim. A claimant has to prove either through medical evidence or unbiased opinions that their condition prior to service was made worse by 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 doctor who is specialized in the disabled veteran. In addition to the doctor’s report, the veteran is required to submit medical records and statements from family members or friends who can attest to their pre-service condition.
It is vital to remember when submitting a claim for disability benefits for veterans that the condition being aggravated has to be different than the original disability rating. An attorney who is a disability attorney can help a former servicemember on how to provide sufficient medical evidence and testimony to prove that their condition was not just aggravated by military service, but actually worse than it would have been had it not been for the aggravating factor.
VA proposes to change its two “aggravation standards” in its regulations, 38 CFR 3.306 and 3.310. The differences in the language of these provisions has caused confusion and disagreement in the claims process. Particularly, the inconsistent use of phrases such as “increase in disability” and “any increase in severity” has been the cause of litigation and confusion.
Service-Connected Conditions
To be eligible for benefits veterans must prove the disability or illness was caused by service. This is referred to as proving “service connection.” For some diseases, such as Ischemic heart disease or other cardiovascular diseases that develop as a result of services-connected amputations is automatically granted. montgomery veterans disability law firm with other conditions such as PTSD are required to provide the evidence of lay witnesses or from people who were close to them during their service to establish a connection between their condition to an specific incident that occurred during their military service.
A preexisting medical condition could be service-related in the event that it was aggravated by their active duty service and not by natural progress of the disease. It is best to provide a doctor’s report that explains that the deterioration of the condition was due to service, not just the natural progression.
Certain illnesses and injuries are presumed to have been caused or aggravated by service. These are referred to as “presumptive diseases.” This includes exposure to Agent Orange in Vietnam and Korea veterans and radiation exposure among Prisoners of War and various Gulf War conditions. Certain chronic diseases and tropical illnesses are assumed to have been aggravated or triggered by service. These include AL amyloidosis and chloracne as well as other acne-related conditions such as porphyria cutanea tarda tuberculosis, multiple sclerosis and diabetes mellitus type 2. For more information about these presumptive conditions, visit here.
Appeals
The VA has a procedure for appeals to appeal their decision on whether or not they will grant benefits. The first step is filing a Notice Of Disagreement. Your VA-accredited attorney may submit this form on your behalf, but if they do not, you can do it yourself. This form is used to inform the VA you disagree with their decision and you’d like to have a more thorough review of your case.
There are two routes to an upscale review that you should carefully consider. One 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 reverse or uphold the earlier decision. You might or may not be able submit new evidence. Another option is to request a hearing before an Veterans Law Judge at the Board of Plainfield Veterans Disability Attorney‘ Appeals in Washington, D.C.
It’s important to discuss all of these issues with your VA-accredited attorney. They’ll have expertise in this field and know the best option for your particular situation. They also know the difficulties faced by disabled veterans which makes them an effective advocate for you.
Time Limits
If you suffer from a physical or mental impairment that was acquired or worsened in the military, you can file a claim to receive compensation. You’ll need to be patient as the VA evaluates and makes a decision on your claim. It could take up to 180 calendar days after submitting your claim before receiving an answer.
There are many factors that can affect how long the VA takes to make an informed decision on your claim. The amount of evidence submitted will play a major role in the speed at which your claim is considered. The location of the VA field office who will review your claim will also affect the length of time it takes.
The frequency you check in with the VA regarding the status of your claim could also affect the time it takes to finish the process. You can accelerate the process by submitting proof whenever you can and by providing specific information regarding the addresses of the medical care facilities that you utilize, and providing any requested information as soon as it is available.
If you believe that there was an error in the decision made regarding your disability, then you can request a more thorough review. You will need to submit all the facts regarding your case to an experienced reviewer, who will determine whether there was a mistake in the original decision. However, this review is not able to contain new evidence.