How to File a Veterans Disability Claim
The claim of a veteran for disability is an important part of the application for benefits. Many veterans get tax-free income when their claims are approved.
It’s not a secret that the VA is a long way behind in processing disability claims for veterans. The process can 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 is called an aggravated disability. It could be mental or physical. A VA lawyer who is competent can help a former military member submit an aggravated disabilities claim. The claimant must prove by proving medical evidence or an independent opinion, that their pre-service condition was made worse by active duty.
Typically the most effective method to prove that a pre-service issue was made worse is by obtaining an independent medical opinion by an expert physician who is knowledgeable about the disabled veteran. In addition to the doctor’s opinion, the veteran will also be required to provide medical records and lay statements from family members or friends who are able to confirm the severity of their pre-service condition.
In a veterans disability claim it is crucial to keep in mind that the aggravated condition has to differ from the original disability rating. A disability lawyer can help a former servicemember provide enough medical evidence and testimonies to show that their initial condition wasn’t just aggravated due to military service but that it was more severe than what it would have been if the aggravating factor had not been present.
In addressing this issue, VA proposes to re-align the two “aggravation” standards in its regulations 38 CFR 3.306 and 3.310. The difference in the wording of these provisions has created confusion and debate in the process of claiming. The inconsistent use of phrases such as “increased disability” and “any increased severity” have been the source of litigation.
Service-Connected Conditions
To be eligible for benefits, a veteran must prove that their condition or disability was caused by service. This is known as “service connection.” Service connection is automatically granted in certain circumstances, including Ischemic heart diseases or any other cardiovascular disease that develops because of specific amputations connected to service. For other conditions, like PTSD veterans have to present lay evidence or testimony from people who knew them in the military to prove their condition to an specific incident that occurred during their time in service.
A preexisting medical issue could also be service-related if it was aggravated through active duty and not due to the natural progress of the disease. The most effective way to establish this is by submitting the opinion of a doctor that the aggravation was due to service and not just the normal progress of the condition.
Certain illnesses and injuries may be presumed to be caused or aggravated because of treatment. These are referred to as “presumptive diseases.” This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in prisoners of War and various Gulf War conditions. Certain chronic illnesses and tropical diseases are believed to have been caused or aggravated by service. These are AL amyloidosis and chloracne as well as other acne-related disorders such as porphyria cutanea tarda tuberculosis, multiple sclerosis and 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 to award benefits. The first step is to submit a Notice of Disagreement. The VA-accredited attorney you have chosen will complete this for you however, if not, you may 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 upscale review and both of them are options you must carefully consider. You can request a personal meeting with a Decision Review Officer at your local office. The DRO will conduct an in-person (no review is given to previous decisions) review and either reverse the previous decision or affirm it. You could be able or not required to provide new proof. You may also request a hearing before an hawaii veterans Disability attorney Law judge at the Board of little falls veterans disability attorney‘ Appeals, Washington D.C.
There are a variety of factors that go into choosing the most appropriate route for your appeal, and it’s crucial to discuss these issues with your VA-accredited attorney. They’ll have expertise in this area and will know what makes the most sense for your specific case. They also understand the challenges faced by disabled veterans and can be more effective advocates on your behalf.
Time Limits
You can claim compensation if you suffer from a disability that you acquired or worsened during your time in the military. But you’ll need to be patient with the VA’s process of considering and deciding about your claim. It could take up to 180 calendar days after filing your claim before receiving a decision.
Numerous factors can affect the time it takes for VA to make a decision on your claim. How quickly your application will be considered is mostly determined by the volume of evidence that you submit. The location of the VA field office which will be reviewing your claim will also affect how long it takes.
The frequency 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 speed up the process by sending all documentation as quickly as you can. You should also provide specific details regarding the medical center you use, as well as providing any requested details.
If you think there was an error in the decision regarding your disability, you may request a higher-level review. This requires you to submit all existing facts in your case to an expert reviewer who can determine whether there was an error in the initial decision. The review doesn’t include any new evidence.