How to File a Veterans Disability Claim

The claim of a disabled veteran is a key part of submitting an application for benefits. Many veterans receive tax-free income when their claims are accepted.

It's not a secret that VA is behind in the processing of claims for disability from veterans. It can take months, even years for a determination to be made.

Aggravation

Veterans may be eligible for disability compensation if their condition was aggravated due to their military service. This type of claim may be mental or physical. A VA lawyer who is competent can help a former military member to file a claim for aggravated disabilities. The claimant must demonstrate through medical evidence or an independent opinion, that their medical condition prior to service was aggravated by active duty.

Typically the best way to demonstrate that a pre-service issue was made worse is by obtaining an independent medical opinion from an expert doctor who is specialized in the disability of veterans. In addition to the doctor's report, the veteran must also submit medical records and the lay statements of family or friends who can attest to their pre-service condition.

It is crucial to remember in a veterans disability claim that the aggravated conditions must be different from the original disability rating. An attorney for disability can guide an ex-servicemember on how to present sufficient medical evidence and evidence to show that their original condition was not only caused through military service, but was worse than it would have been had it not been for the aggravating factor.

In addressing this issue, VA is proposing to align the 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 debate during the process of filing claims. The incongruent use phrases like "increased disability" and "any increased severity" have been the root of litigation.

Conditions of Service

To qualify for benefits, ceres veterans disability attorney must prove the cause of their condition or disability was caused by service. This is known as proving "service connection." Service connection is automatically granted in certain circumstances, including Ischemic heart diseases and other cardiovascular diseases that arise due to specific service-connected amputations. For other conditions, like PTSD the veterans must present the evidence of laypeople or those who knew them during the military, to connect their condition to an specific incident that occurred during their time in service.

A preexisting medical condition could be a result of service in the event that it was aggravated through active duty and [Redirect-302] not through natural progression of the disease. The best way to demonstrate this is to provide the opinion of a doctor that the aggravation was due to service and not just the normal development of the condition.

Certain illnesses and injuries are believed to have been caused or worsened by service. They are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea beaverton veterans Disability Attorney radiation exposure in Prisoners of War, and 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 acneform diseases Porphyria Cutanea Tighta, multiple sclerosis, tuberculosis, and diabetes mellitus type 2. For more information on these probable conditions, click here.

Appeal

The VA has a procedure to appeal their decision to grant or deny benefits. The first step is to submit a Notice of Dispute. If your VA-accredited lawyer does not do this for you, then you're able to do it on your own. This form is used by the VA to let them know that you do not agree with their decision and would prefer a more thorough review of your case.

You have two options for a more thorough review. Both should be carefully considered. One option is to request a private hearing with a Decision Review Officer from your regional office. The DRO will conduct a de novo review (no deference given to the decision made previously) and either reverse or redmatrix.us affirm the decision made earlier. You could be able or not required to submit a new proof. The other path is to request an appointment with a Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

It is crucial to discuss all of these factors with your VA-accredited attorney. They're experienced in this field and know what makes sense for your particular case. They are also well-versed in the difficulties that disabled lockport veterans disability attorney face and can be an effective advocate for you.

Time Limits

You can apply for compensation if you suffer from a disability that was acquired or worsened during your time in the military. But you'll have to be patient during the VA's process of review and deciding on your claim. It could take up to 180 calendar days after submitting your claim before you get a decision.

Many factors affect the time it takes for the VA to make a decision on your claim. How quickly your application will be reviewed is largely determined by the amount of evidence you provide. The location of the VA field office which will be evaluating your claim can also influence the time it takes to review your claim.

How often you check in with the VA regarding the status of your claim can affect the time it takes to complete the process. You can accelerate the process by submitting proof as soon as possible and being specific in your details regarding the address of the medical care facilities you use, and submitting any requested information as soon as it's available.

If you believe that there was an error in the decision made regarding your disability, you can request a more thorough review. This involves submitting all evidence in your case to an expert reviewer who can determine whether there was a mistake in the initial decision. This review does not include any new evidence.