How to File a Veterans Disability Claim

The claim of a veteran for disability is a key part of the application for benefits. Many veterans who have their claims accepted receive a monthly income that is tax free.

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

Aggravation

A veteran might be able get disability compensation in the event of the condition that was worsened by their military service. This type of claim is called an aggravated impairment and can be either mental or physical. A qualified VA lawyer can help the former soldier submit an aggravated claim. A claimant must demonstrate either through medical evidence or independent opinions that their pre-service condition was aggravated due to active duty.

A doctor who is an expert on the disability of the veteran can offer an independent medical opinion proving the severity of the condition prior to service. In addition to a doctor's statement the veteran will have to submit medical records and lay statements from family members or friends who are able to confirm the severity of their pre-service conditions.

In a claim for a disability benefit for veterans, it is important to be aware that the aggravated condition has to differ from the original disability rating. A disability lawyer can guide a former servicemember on how to provide the proper medical evidence and testimony to establish that their original health condition was not merely aggravated through military service, but was worse than it would have been had it not been for the aggravating factor.

VA proposes to revise its two "aggravation standards" in its regulations, 38 CFR 3.306 and 3.310. The differing wording of these provisions has created confusion and debate in the claims process. Particularly, the inconsistent use of terms like "increase in disability" and "any increase in severity" has led to a lot of litigation and confusion.

Conditions that are associated with Service

To be eligible for benefits, chunwun.com the veteran must prove that the cause of their disability or illness was caused by service. This is known as proving "service connection." For certain conditions, such as Ischemic heart disease or other cardiovascular diseases that arise because of services-connected amputations is granted automatically. For other conditions, such as PTSD veterans have to present witnesses or lay evidence from people who were their friends in the military, to link their condition with a specific incident that took place during their service.

A preexisting medical condition could be service-related in the event that it was aggravated by active duty and not by natural progress of the disease. It is best to provide the doctor with a report explaining that the deterioration of the condition was due to service and not the natural progress of the disease.

Certain ailments and injuries can be attributed to or aggravated because of treatment. They are known as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in Prisoners of War, and other Gulf War conditions. Certain chronic diseases and tropical illnesses are assumed to have been aggravated or m.042-527-9574.1004114.co.kr caused by military service. These are AL amyloidosis, chloracne or other acne-related conditions, porphyria cutanea tarda, tuberculosis and multiple sclerosis and diabetes mellitus type 2. Click here for more details about these probable diseases.

Appeal

The VA has a system to appeal their decision to award or deny benefits. The first step is filing a Notice of Disagreement. Your VA-accredited attorney may make this filing on your behalf however, if not, you are able to file it yourself. This form is used to tell the VA you disagree with their decision and that you'd like a higher-level analysis of your case.

There are two paths to an upper-level review that you should take into consideration. One option is to request a personal hearing with an officer from the Decision Review Office at your regional office. The DRO will conduct a de novo (no consideration is given to previous decisions) review and either overturn the earlier decision or maintain the decision. You could or might not be able to submit new evidence. You may also request a hearing before a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

There are many factors to consider when choosing the most appropriate route for your appeal, so it's important to discuss these issues with your attorney who is accredited by the VA. They'll have experience in this field and know what makes sense for your particular situation. They are also familiar with the challenges faced by disabled veterans, which makes them an ideal advocate for Vimeo.Com you.

Time Limits

You can claim compensation if you suffer from a disability that was acquired or worsened while serving in the military. It is important to be patient as the VA examines and decides on your claim. You could have to wait up to 180 calendar days after filing your claim before receiving a decision.

Many factors influence the time it takes for VA to consider your claim. The speed at which your claim will be reviewed is largely determined by the amount of evidence you have submitted. The location of the VA field office that will be reviewing your claim will also affect the length of time required to review.

Another factor that can affect the time it takes for your claim to be processed is the frequency at which you contact the VA to check on the status of your claim. You can speed up the process by providing all evidence as fast as you can, and providing specific information regarding the medical center you use, and sending any requested details.

You can request a higher level review if you feel that the decision you were given regarding your disability was wrong. This involves submitting all the relevant facts of your case to an experienced reviewer who will determine if there was an error in the original decision. The review doesn't include any new evidence.