How to File a Veterans Disability Claim

The claim of a disabled veteran is a crucial part of the application for benefits. Many veterans receive tax-free income after their claims are approved.

It's no secret that VA is a long way behind in processing disability claims made by edwardsville veterans disability law firm. A decision can take months or even years.

Aggravation

A veteran could be eligible get disability compensation in the event of a condition that was made worse by their military service. This type of claim may be physical or mental. A VA lawyer who is qualified can help an ex-military member to file a claim for aggravated disabilities. A claimant needs to prove by proving medical evidence or independent opinions that their condition prior to service was made worse by active duty.

A doctor who is an expert on the condition of the veteran can provide an independent medical opinion that demonstrates the seriousness of the pre-service condition. In addition to a doctor's report in addition, the veteran will have to submit medical records and lay declarations from family members or friends who can testify to the severity of their pre-service conditions.

In a Moss point veterans disability Lawyer disability claim, 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 help the former service member provide sufficient medical evidence and testimony in order to establish that their original condition wasn't only aggravated by military service, but was also more severe than it would have been had the aggravating factor had not been present.

VA proposes to change its two "aggravation standards" in its regulations 38 CFR 3.306 and 3.310. The differing language used in these provisions has caused confusion and controversies during the process of claiming. The incongruent use phrases like "increased disability" and "any increased severity" have been the root of litigation.

Service-Connected Terms

To qualify for benefits, veterans must prove his or her health or disability was caused by service. This is known as proving "service connection." Service connection is automatically granted for certain ailments, like Ischemic heart diseases or any other cardiovascular disease that develops as a result specific amputations that are connected to service. For other conditions, like PTSD veterans have to present documents or evidence from those who knew them during the military, in order to connect their condition to a specific incident that took place during their time of service.

A preexisting medical problem could also be service-connected if it was aggravated by active duty and not through natural progression of the disease. It is best to submit an official report from a doctor that explains that the deterioration of the condition was due to service and not the natural progression of the disease.

Certain injuries and illnesses are presumed to have been caused or aggravated due to service. These are called "presumptive illnesses." They include exposure to Agent Orange for Vietnam and Korean veterans exposure to radiation in prisoner of war, and other Gulf War conditions. Some chronic illnesses and tropical diseases are presumed to have been caused or aggravated by service. They include AL amyloidosis, chloracne, other acne-related conditions, porphyria cutanea tarda, multiple sclerosis, tuberculosis, and diabetes mellitus type 2. Click here to learn more about these presumptive diseases.

Appeal

The VA has a procedure to appeal their decision to award or deny benefits. The first step is to submit a Notice of Dispute. Your VA-accredited attorney may complete this for you but if not, you are able to file it yourself. This form is used by the VA to let them know that you do not agree with their decision, and want a higher level review of your case.

There are two routes to an upscale review, both of which 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 in-person (no review is given to the previous decisions) review and either overturn the previous decision or affirm it. You may be required or not be required to present new evidence. You can also request an appearance before a gurnee veterans disability law firm 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 will know the best route for your situation. They also understand the challenges that disabled veterans face which makes them an effective advocate on your behalf.

Time Limits

You can claim compensation if you suffer from 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 filed before you receive an answer.

There are many factors that influence how long the VA takes to make an informed decision on your claim. The speed at which your claim will be considered is mostly determined by the volume of evidence you provide. The location of the field office handling your claim can also influence the time it will take for the VA to review your claims.

How often you check in with the VA to see the status of your claim can affect the length of time it takes to complete the process. You can help speed up the process by submitting evidence as soon as you can by being specific with your address information for the medical care facilities you utilize, and providing any requested information as soon as it is available.

You may request a higher-level review if you feel that the decision based on your disability was unjust. This involves submitting all the relevant facts of your case to a senior reviewer who can determine whether there was an error in the initial decision. However, this review is not able to contain new evidence.