How to File a Veterans Disability Claim
The claim of disability for a veteran is a vital part of the application for benefits. Many veterans who have their claims approved receive additional income each month that is tax-free.
It’s not a secret that the VA is way behind in processing disability claims made by Hereford veterans disability lawyer. A decision can take months or even years.
Aggravation
A veteran may be able to claim disability compensation for the condition that was worsened due to their military service. This kind of claim can be physical or mental. A VA lawyer who is certified can assist an ex-military personnel submit an aggravated disabilities claim. A claimant must show using medical evidence or independent opinions that their medical condition prior to serving was aggravated through active duty.
A doctor who is an expert on the condition of the veteran will be able to provide an independent medical opinion which will prove the severity of the pre-service illness. In addition to the doctor’s report, the veteran must also provide medical records as well as the lay statements of family or friends who can attest to their pre-service condition.
When a claim for disability benefits from veterans it is important to keep in mind that the condition that is aggravated must be different from the original disability rating. A disability lawyer can assist the former service member provide sufficient medical evidence and testimony to show that their initial condition wasn’t simply aggravated by military service, but that it was more severe than it would have been if the aggravating factor had not been present.
VA proposes to realign its two “aggravation standards” in its regulations, 38 CFR 3.306 and 3.310. The difference in the wording of these provisions has led to confusion and controversy in the claims process. The incongruent use phrases like “increased disability” and “any increased severity” are the main cause of litigation.
Conditions that are associated with Service
In order for a veteran to be eligible for benefits, they must show that their disability or illness is related to their service. This is called showing “service connection.” For some conditions, such as Ischemic heart disease and other cardiovascular diseases that manifest due to specific Amputations that are connected to service, the service connection is granted automatically. Veterans with other conditions, like PTSD are required to provide witness 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 military service.
A preexisting medical problem could also be service-related in the event that it was aggravated through active duty and not due to the natural progress of the disease. The best method to demonstrate this is to provide the doctor’s opinion that the ailment was due to service and not the normal development of the condition.
Certain ailments and injuries can be believed to be caused or aggravated due to service. They are known as “presumptive diseases.” This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in Prisoners of War, as well as other Gulf War conditions. Certain chronic diseases and tropical illnesses are assumed to have been aggravated or caused by service. They include AL amyloidosis, chloracne or other acne-related diseases, porphyria cutanea tarda, tuberculosis, multiple sclerosis and diabetes mellitus type 2. Click here to learn more regarding these presumptive diseases.
Appeal
The VA has a system for appealing their decision on whether or not to grant benefits. The first step is to submit a Notice of Dispute. Your VA-accredited attorney will likely complete this for you but if not, you are able to file 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 ways to get a more thorough review that you should take into consideration. You can request a private meeting with a Decision Review Officer in your local office. The DRO will conduct an de novo review (no deference to the previous decision) and either overturn or confirm the earlier decision. It is possible that you will be able not to submit new proof. You may also request an appointment with an Veterans Law judge at the Board of rapid city veterans disability law firm‘ Appeals, Washington D.C.
It is important to discuss these issues with your VA-accredited lawyer. They’re experienced in this area and will know what makes the most sense for your specific case. They also know the issues faced by disabled veterans which makes them a stronger advocate on your behalf.
Time Limits
You can seek compensation if you have a disability that was acquired or worsened while serving in the military. You’ll have to be patient while the VA reviews and decides on your application. It could take up to 180 calendar days after filing your claim before you get a decision.
Many factors can influence the time it takes for VA 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 field office that is responsible for your claim can also influence the time it takes for the VA to review your claims.
How often you check in with the VA to see the status of your claim could influence the time it takes to process. You can speed up the claim process by sending all documentation as quickly as possible, providing specific information about the medical center you use, and sending any requested details.
You could request a higher-level review if you believe that the decision you were given regarding your disability was wrong. This involves submitting all existing facts in your case to an expert reviewer who can determine whether there was a mistake in the initial decision. However, this review can’t include any new evidence.