How to File a Veterans Disability Claim
A veteran’s disability claim is an important component of his or her benefit application. Many veterans earn tax-free earnings when their claims are approved.
It’s no secret that the VA is way behind in processing disability claims made by veterans. A decision can take months or even years.
Aggravation
A veteran may be able get disability compensation in the event of the condition that was made worse by their military service. This type of claim may be either mental or physical. A skilled VA lawyer can help former service members file an aggravated disability claim. A claimant must demonstrate via medical evidence or independent opinions, that their pre-service condition was aggravated due to active duty.
A doctor Vimeo.com who is an expert in the disability of the veteran can offer an independent medical opinion which will prove the severity of the condition prior to service. In addition to a doctor’s report in addition, the veteran will have to submit medical records and lay assertions from friends or family members who can confirm the extent of their pre-service injuries.
It is important to note in a claim to be disabled by a veteran that the conditions that are aggravated must be different from the original disability rating. A disability lawyer can help a former servicemember provide enough medical evidence and testimonies to prove that their original condition wasn’t only aggravated by military service, but that it was more severe than what it would have been if the aggravating factor hadn’t been present.
VA proposes to change its two “aggravation standards” in its regulations, 38 CFR 3.306 & 3.310. The difference in the wording of these provisions has caused confusion and controversies in the process of claiming. Particularly, the inconsistent use of phrases such as “increase in disability” and “any increase in severity” has been the cause of litigation and uncertainty.
Service-Connected Conditions
To be eligible for benefits veterans must show that their disability or illness was caused by service. This is known as proving “service connection.” For some ailments, like ischemic heart disease, or other cardiovascular diseases that manifest because of service-connected amputations, service connection is automatically granted. Veterans with other conditions, like PTSD need to provide lay testimony or evidence from those who were their friends during their time in the military to connect their condition with a specific incident that occurred during their military service.
A pre-existing medical condition could be a result of service in the event that it was aggravated due to active duty service and not as a natural progression of disease. The most effective way to prove this is by providing a doctor’s opinion that states that the aggravation was due to service and not the normal progress of the condition.
Certain ailments and injuries are believed to be caused or aggravated by service. These are called “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. Some chronic diseases and tropical diseases are believed to have been aggravated or caused by service. This includes AL amyloidosis, as well as other acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis as well as Diabetes Mellitus Type 2. Click here for more information about these presumptive illnesses.
Appeals
The VA has a procedure to appeal their decision on whether or not they will grant benefits. The first step is to file a Notice of Disagreement. If your lawyer is certified by VA and does not handle this for you, you are able to do it on your own. This form allows you to inform the VA you disagree with their decision and you would like a more thorough review of your case.
There are two options available for a higher level review. Both options should be carefully considered. You can request a personal meeting with a Decision Review Officer at your local office. The DRO will perform a de novo (no consideration is given to prior decisions) review and either overturn the earlier decision or maintain it. You could be able or not required to provide new proof. Another option is to request an appointment before an plainfield veterans disability lawyer Law Judge at the Board of lebanon veterans disability law firm‘ Appeals in Washington, D.C.
There are a variety of aspects to consider when selecting the most effective route for your appeal, so it’s essential to discuss these issues 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 and can be a stronger advocate on your behalf.
Time Limits
You may be eligible for compensation if you suffer from a disability that you acquired or worsened as a result of serving in the military. But you’ll have to be patient when it comes to the process of review and deciding on your application. It could take up to 180 calendar days after filing your claim before receiving an answer.
There are many variables which can impact the length of time the VA will take to reach an informed decision on your claim. The speed at which your claim will be reviewed is largely determined by the quantity of evidence you provide. The location of the VA field office which will be evaluating your claim can also impact the length of time it takes.
How often you check in with the VA on the status of your claim can affect the length of time it takes to finish the process. You can speed up the process by submitting proof whenever you can, being specific in your address details for the medical care facilities that you use, and submitting any requested information immediately when it becomes available.
You can request a more thorough review if you believe that the decision made on your disability was unjust. This requires you to submit all evidence in your case to a senior reviewer who can determine whether there was an error in the initial decision. However, this review cannot include any new evidence.