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 who have their claims approved receive additional income each month that is tax free.
It’s no secret that the VA is a long way behind in the process of processing disability claims from fox point veterans disability lawyer. It can take months or even years for a determination to be made.
Aggravation
A veteran might be able to claim disability compensation for the condition that was worsened by their military service. This type of claim could be mental or physical. A VA lawyer who is qualified can assist a former military member file an aggravated disabilities claim. A claimant must show through medical evidence or independent opinions, that their pre-service medical condition was aggravated due to active duty.
Typically the best way to prove that a condition prior to service was aggravated is to get an independent medical opinion from an expert in the veteran’s disability. In addition to a doctor’s report the veteran will also have to submit medical records and lay assertions from family members or friends who can attest to the extent of their pre-service injuries.
In a claim for disability benefits for veterans it is important to keep in mind that the aggravated condition must be distinct from the original disability rating. A disability lawyer can assist a former servicemember provide enough medical evidence and testimony in order to prove that their previous condition wasn’t just aggravated due to military service however, it was much worse than it would have been had the aggravating factor weren’t present.
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 caused confusion and controversy during the process of claiming. The inconsistent use of phrases such as “increased disability” and “any increased severity” have been the source of litigation.
Conditions that are associated with Service
To qualify for benefits, a veteran must prove that the disability or illness was caused by service. This is referred to as “service connection.” Service connection is granted automatically in certain circumstances, including Ischemic heart diseases or any other cardiovascular disease that develops as a result specific amputations linked to service. For other conditions, like PTSD the veterans must present witnesses or lay evidence from people who knew them in the military, in order to connect their condition to an specific incident that took place during their time of service.
A preexisting medical problem could be service-related if it was aggravated by their active duty service and not caused by the natural progression of the disease. The most effective method to establish this is by submitting an opinion from a doctor that states that the ailment was due to service and not the normal progress of the condition.
Certain injuries and illnesses may be attributed to or aggravated because of treatment. These are referred to as “presumptive diseases.” This includes exposure to Agent orange veterans disability lawyer in Vietnam and Korea veterans and radiation exposure among Prisoners of War and various Gulf War conditions. Some chronic diseases and tropical illnesses are believed to have been aggravated or caused by service. These are AL amyloidosis, chloracne, other acne-related conditions Porphyria Cutanea Tighta, tuberculosis and multiple sclerosis and diabetes mellitus type 2. For more information about these presumptive conditions, click here.
Appeals
The VA has a system to appeal their decision to award or deny benefits. The first step is filing an appeal called a Notice of Disagreement. Your VA-accredited attorney is likely to complete this for you, but if they do not, you may file it yourself. This form is used to notify the VA that you are not satisfied with their decision and you’d like to have a more thorough review of your case.
There are two routes to an upscale review and both of them are options you should carefully consider. One option is to request a private hearing with an officer from the Decision Review Office at your regional office. The DRO will conduct a de novo review (no deference given to the earlier decision) and either overturn or affirm the earlier decision. You could be able or not to submit new proof. You can also request an appearance before a wichita falls veterans disability attorney Law judge at the Board of Veterans’ Appeals, Washington D.C.
It is crucial to discuss all of these factors with your VA-accredited attorney. They have experience and know what is best for your situation. They also know the issues that disabled veterans face, which can make them a stronger advocate on your behalf.
Time Limits
If you suffer from a physical or mental impairment that was acquired or worsened during your military service, you could file a claim in order to receive compensation. You’ll have to be patient while the VA reviews and decides on your application. It could take up to 180 days after your claim is filed before you are given an answer.
There are many variables that influence how long the VA will take to reach an decision on your claim. The speed at which your claim will be evaluated is largely determined by the amount of evidence that you submit. The location of the VA field office which will be reviewing your claim will also affect the length of time required to review.
Another aspect that could affect the time it takes your claim to be processed is how often you contact the VA to inquire about the progress of your claim. You can accelerate the process by sending all documentation as quickly as possible, providing specific details regarding the medical center you use, and providing any requested information.
If you believe there was a mistake in the decision on your disability, you are able to request a higher-level review. This requires you to submit all existing facts in your case to an expert reviewer who can determine whether there was an error in the initial decision. But, this review will not include new evidence.