How to File a Veterans Disability Claim

The claim of a veteran for disability is an important component of the application process for benefits. Many veterans earn tax-free earnings after their claims are approved.

It's no secret that the VA is way behind in processing disability claims for veterans. It can take months, even years for a determination to be made.

Aggravation

salamanca veterans disability lawsuit could be eligible for disability compensation if their condition was caused by their military service. This kind of claim is known as an aggravated disability. It can be mental or physical. A competent VA lawyer can assist former service members submit an aggravated claim. The claimant must 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 will demonstrate the severity of the pre-service illness. In addition to the doctor's opinion, the veteran must also provide medical records as well as lay statements from family or friends who attest to their pre-service condition.

In a claim for disability benefits for aurora silver city veterans disability lawyer disability law firm (vimeo.com) it is important to keep in mind that the condition that is aggravated must be distinct from the initial disability rating. Disability lawyers can help the former service member provide sufficient medical evidence and testimonies to prove that their previous condition wasn't simply aggravated because of military service, but that it was more severe than it would have been if the aggravating factor wasn't present.

In addressing this issue, VA is proposing to align the two "aggravation" standards contained in its regulations 38 CFR 3.306 and 3.310. The differing wording of these provisions has caused confusion and disagreement regarding the claims process. The incongruent use phrases like "increased disability" and "any increased severity" have been the source of litigation.

Conditions that are associated with Service

For a veteran to qualify for benefits, they have to prove that their disability or illness is related to their service. This is known as showing "service connection." For some conditions, like ischemic heart disease or other cardiovascular diseases that arise due to specific services-connected amputations is automatically granted. For other conditions, such as PTSD veterans have to present witnesses or lay evidence from those who knew them during the military, in order to connect their condition to an specific incident that took place during their time in service.

A preexisting medical condition could be a result of service in the case that it was aggravated by active duty and not through natural progress of the disease. It is recommended to present a doctor's report that explains that the aggravation of the condition was caused by service, not just the natural development of the disease.

Certain injuries and illnesses can be attributed to or aggravated due to treatment. These are referred to as "presumptive diseases." This includes exposure to Agent Orange for Vietnam and Korean veterans and radiation exposure in Prisoners of War, as well as various Gulf War conditions. Certain chronic diseases and tropical diseases are thought to be caused or aggravated from service. This includes AL amyloidosis, as well as other acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis Tuberculosis, and Diabetes Mellitus Type 2. For more information about these presumptive conditions, visit here.

Appeal

The VA has a procedure to appeal their decision as to whether or not to grant benefits. The first step is to submit a Notice of Dispute. If your lawyer who is accredited by the VA does not take this step for aurora veterans disability law firm you, you are able to do it yourself. This form is used to notify the VA that you are not satisfied with their decision and you would like a more thorough review of your case.

There are two routes to a higher-level review, both of which you should carefully consider. You can request a personal meeting with the Decision Review Officer at your local office. The DRO will conduct a de novo appeal (no deference given to the previous decision) and either overturn or affirm the decision made earlier. You may be able or not required to provide new proof. Another option is to request an interview before an Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

It is crucial to discuss these issues with your VA-accredited lawyer. They're experienced in this area and will know what is the most appropriate option for your particular case. They also know the difficulties faced by disabled veterans which makes them more effective advocates for you.

Time Limits

If you suffer from a condition that was acquired or worsened during military service, you can file a claim and receive compensation. But you'll have to be patient during the VA's process of taking a look at and deciding on the merits of your claim. You may need to wait up to 180 calendar days after filing your claim before you get an answer.

There are many factors that influence how long the VA is able to make a decision on your claim. How quickly your claim will be considered is mostly determined by the volume of evidence you have submitted. The location of the field office responsible for your claim can also influence the time it takes for the VA to review your claims.

Another factor that can affect the time required for your claim to be processed is how often you contact the VA to check its progress. You can accelerate the process by providing all evidence as fast as possible, providing specific information regarding the medical facility you use, and sending any requested details.

You could request a higher-level review if you feel that the decision you were given regarding your disability was unjust. You will need to submit all the facts of your case to an experienced reviewer, who can determine whether there was a mistake in the initial decision. But, this review will not include new evidence.