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How to File a Veterans Disability Claim

A veteran's disability claim is an essential element of their benefit application. Many veterans who have their claims approved receive an additional monthly income that is tax free.

It's not a secret that VA is behind in the processing of claims for disability from veterans. The decision could take months or even years.

Aggravation

Veterans may be entitled to disability compensation if their condition was made more difficult by their military service. This type of claim can be either mental or physical. A competent VA lawyer can help the former soldier file an aggravated disability claim. A claimant has to prove via medical evidence or an independent opinion, that their condition prior to service was made worse by active duty.

A doctor who is an expert in the veteran's disability can provide an independent medical opinion that will demonstrate the severity of the pre-service condition. In addition to the doctor's report, the veteran is required to submit medical records and the lay statements of family or friends who attest to their pre-service condition.

It is important to note in a veterans disability claim that the condition being aggravated has to be different than the original disability rating. An attorney who is a disability attorney can help the former soldier on how to present sufficient medical evidence and testimony to prove that their condition was not only caused by military service, but was worse than it would have been without the aggravating factor.

VA proposes to rewrite its two "aggravation standards" in its regulations, 38 CFR 3.306 and 3.310. The differing wording of these provisions has led to confusion and disagreement during the process of filing claims. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the source of litigation.

Conditions of Service

To be eligible for benefits, they have to prove that their illness or disability is related to service. This is known as "service connection." Service connection is automatically granted for certain conditions, such ischemic heart diseases or other cardiovascular diseases that develop as a result specific amputations connected to service. Veterans suffering from other ailments, like PTSD, must provide lay testimony or lay evidence from people who knew them during their service to establish a connection between their condition with a specific incident that occurred during their military service.

A preexisting medical condition could also be service-related in the case that it was aggravated by active duty and not due to the natural progression of the disease. It is recommended to present an official report from a doctor that explains that the deterioration of the condition was due to service, and not simply the natural progression.

Certain illnesses and injuries are presumed to have been caused or aggravated due to service. These are referred to as "presumptive illnesses." This includes exposure to Agent Orange in Vietnam and Korea veterans disability lawyer radiation exposure in Prisoners of War, and other Gulf War conditions. Certain chronic diseases and tropical illnesses are thought to be aggravated or caused by service. This includes AL amyloidosis, as well as other acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis, Tuberculosis and Diabetes Mellitus Type 2. For more details on these presumptive conditions, visit here.

Appeal

The VA has a system to appeal their decision as to whether or not they will grant benefits. The first step is to submit a Notice of Disagreement. Your VA-accredited attorney may complete this for you however if not, you can file it yourself. This form is used by the VA to let them know that you are not satisfied with their decision and you would like a higher-level review of your case.

There are two options for an additional level review. Both should be considered carefully. You can request a personal meeting with a Decision Review Officer at your local office. The DRO will conduct an in-person (no consideration is given to prior decisions) review and either overturn the earlier decision or maintain the decision. It is possible that you will be able not to submit new proof. You can also request an appearance before an Veterans Law judge at the Board of veterans disability attorneys' Appeals, Washington D.C.

It's important to discuss these aspects with your VA-accredited lawyer. They have experience and will know the best route for your situation. They are also aware of the challenges faced by disabled veterans, veterans disability lawyer which can make them a stronger advocate for you.

Time Limits

You can seek compensation if you suffer from a disability that you acquired or worsened during your time in the military. But you'll have to be patient with the VA's process for considering and deciding about your application. You could have to wait up to 180 calendar days after filing your claim before you receive a decision.

Many factors influence how long it takes the VA to consider your claim. How quickly your application will be evaluated is largely determined by the volume of evidence that you submit. The location of the field office that is responsible for your claim also influences the time it will take for the VA to review your claims.

How often you check in with the VA to check the status of your claim can influence the time it takes to complete the process. You can speed up the claim process by sending all documentation as quickly as you can, including specific information about the medical facility you use, and sending any requested details.

You may request a higher-level review if you believe that the decision you were given regarding your disability was incorrect. This means that you submit all the facts that exist in your case to an experienced reviewer who will determine if there was an error in the initial decision. But, this review will not include new evidence.