How to File a Veterans Disability Claim
The claim of a veteran for disability is a key component of the application process for benefits. Many veterans earn tax-free earnings when their claims are accepted.
It’s not a secret that VA is behind in processing disability claims of veterans. A decision can take months or even years.
Aggravation
franklin veterans disability lawyer could be eligible for disability compensation in the event that their condition was aggravated by their military service. This type of claim can be mental or physical. A VA lawyer who is certified can assist an ex-military personnel submit an aggravated disabilities claim. The claimant must demonstrate through medical evidence or independent opinions that their pre-service medical condition was made worse through active duty.
Typically the best way to demonstrate that a condition prior to service was aggravated is to obtain an independent medical opinion by an expert physician who is knowledgeable about the condition of the veteran. In addition to a doctor’s statement, the veteran will also require medical records and lay declarations from family members or friends who can testify to the extent of their pre-service injuries.
When a claim for disability benefits from veterans it is essential to remember that the condition that is aggravated must be distinct from the original disability rating. A disability lawyer can guide the former soldier on how to provide sufficient medical evidence and proof that their original condition was not only aggravated by military service, but actually worse than it would have been had it not been for the aggravating factor.
VA proposes to revise its two “aggravation standards” in its regulations, 38 CFR 3.306 & 3.310. The different wording in these regulations has caused confusion and controversy during the process of claiming. The inconsistent use of words such as “increased disability” and “any increased severity” are the main cause of litigation.
Conditions of Service
In order for a veteran to be eligible for benefits, they must show that their condition or illness is related to their service. This is referred to as proving “service connection.” Service connection is granted automatically for certain ailments, like Ischemic heart diseases or any other cardiovascular diseases that develop due to specific amputations that are connected to service. Veterans suffering from other conditions, like PTSD are required to provide witness testimony or lay evidence from those who were their friends during their time in service to connect their condition to a specific incident that occurred during their military service.
A pre-existing medical condition could be a result of service when it was made worse because of active duty, and not the natural progression of disease. It is recommended to present a doctor’s report that explains that the deterioration of the condition was caused by service, and not simply the natural progress of the disease.
Certain illnesses and injuries may be thought to be caused or aggravated because of treatment. These are referred to as “presumptive diseases.” This includes exposure to Agent Orange in Vietnam and Korea fox point veterans disability attorney radiation exposure in prisoners of War and other Gulf War conditions. Some chronic illnesses and tropical diseases are believed to have been caused or worsened by military service. This includes AL amyloidosis, as well as other acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis, Tuberculosis and Diabetes Mellitus Type 2. For more information about these presumptive conditions, click here.
Appeals
The VA has a procedure for appealing their decision on whether or not to grant benefits. The first step is to file a Notice Of Disagreement. Your VA-accredited attorney is likely to submit this form on your behalf, but if they do not, you can do it yourself. This form is used to tell the VA that you are not satisfied with their decision and that you would like a more thorough review of your case.
There are two options for an additional level review. Both should be considered carefully. One option is to request a private hearing with the Decision Review Officer in your regional office. The DRO will conduct an de novo review (no deference to the earlier decision) and then either reverse or uphold the earlier decision. It is possible that you will be able not required to provide new proof. The other option is to request an appointment before an hewitt veterans disability law firm Law Judge at the Board of Veterans’ Appeals in Washington, D.C.
It’s important to discuss these issues with your VA-accredited lawyer. They’ll have expertise in this area and will know what is the most appropriate option for your specific case. They also know the issues that disabled veterans face and can be more effective advocates for you.
Time Limits
You may be eligible for compensation if you have an illness that you developed or worsened while serving in the military. It is important to be patient while the VA examines and decides on your application. It could take as long as 180 days after your claim is submitted before you get an answer.
There are a variety of factors which can impact the length of time the VA is able to make a decision on your claim. The speed at which your application will be evaluated is largely determined by the volume of evidence you provide. The location of the VA field office that will be reviewing your claim could also impact how long it takes.
Another factor that could affect the time it takes for your claim to be processed is the frequency at which you contact the VA to inquire about the status of your claim. You can accelerate the process by submitting all evidence as quickly as you can, and providing specific details about the medical center you use, as well as providing any requested details.
You can request a higher level review if you feel that the decision you were given regarding your disability was wrong. You’ll need to provide all the details of your case to a knowledgeable reviewer, who will decide whether there was a mistake in the original decision. But, this review will not include new evidence.