How to File a Veterans Disability Claim

A veteran's disability claim is a critical part of their benefit application. Many live oak veterans disability lawsuit get tax-free income after their claims are approved.

It's no secret that VA is way behind in the process of processing disability claims from veterans. It can take months or even years for a decision to be made.

Aggravation

Veterans could be eligible for disability compensation if their condition was aggravated due to their military service. This type of claim is called an aggravated impairment and can be either physical or mental. A licensed VA lawyer can assist the former service member file an aggravated disability claim. A claimant must demonstrate by proving medical evidence or independent opinions that their pre-service condition was made worse by active duty.

Typically, the best way to demonstrate that a condition prior to service was aggravated is to get an independent medical opinion by a physician who specializes in the disability of veterans. In addition to a physician's declaration, the veteran will also be required to provide medical records and lay declarations from friends or family members who can confirm the extent of their pre-service injuries.

It is essential to note in a claim for a disability benefit for olive branch veterans disability attorney that the conditions that are aggravated must be different from the initial disability rating. Disability lawyers can help a former servicemember provide enough medical evidence and testimony to prove that their previous condition wasn't just aggravated due to military service but that it was more severe than what it would have been had the aggravating factor weren't present.

VA proposes to revise its two "aggravation standards" in its regulations 38 CFR 3.306 and 3.310. The differing language in these provisions has caused confusion and controversy during the process of claiming. Specifically, the incongruent use of terms such as "increase in disability" and "any increase in severity" has led to a lot of litigation and uncertainty.

Conditions of Service

To be eligible for benefits, they must prove that their condition or illness is linked to service. This is known as "service connection." Service connection is granted automatically for certain conditions, like Ischemic heart diseases or any other cardiovascular conditions that develop because of specific amputations linked to service. For other conditions, like PTSD veterans have to present lay evidence or testimony from those who knew them during the military to prove their condition with a specific incident that took place during their time of service.

A pre-existing medical issue can be a result of service when it was made worse by active duty and not just the natural progression of the disease. It is recommended to present the doctor with a report explaining that the deterioration of the condition was due to service, not just the natural progress of the disease.

Certain ailments and injuries can be believed to be caused or aggravated because of service. They are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea breckenridge veterans disability attorney radiation exposure in prisoners of War, and other Gulf War conditions. Some chronic diseases and tropical illnesses are believed to have been aggravated or caused by service. They include AL amyloidosis or chloracne, other acne-related diseases and porphyria cutsanea tarda tuberculosis, multiple sclerosis and diabetes mellitus type 2. For more details on these presumptive conditions, click here.

Appeals

The VA has a process to appeal their decision as to the issue of whether or not to grant benefits. The first step is filing a Notice Of Disagreement. If your VA-accredited lawyer will not handle this for you, you are able to complete it on your own. This form is used by the VA to inform them that you do not agree with their decision and would prefer a more thorough review of your case.

There are two ways to get a higher-level review one of which you should carefully consider. One option is to request a private hearing with a Decision Review Officer from your regional office. The DRO will conduct an de novo review (no deference given to the earlier decision) and either overturn or confirm the earlier decision. You may or may not be able to present new evidence. You can also request an interview with a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It is important to discuss all of these issues with your VA-accredited lawyer. They're experienced and will know the best route for your situation. They also understand the challenges faced by disabled veterans and can help them become more effective advocates for you.

Time Limits

You may be eligible for compensation if you have a disability that you acquired or worsened as a result of serving in the military. However, you'll need patient when it comes to the VA's process of reviewing and deciding on the merits of your claim. It may take up to 180 days after the claim has been filed before you are given an answer.

Many factors affect how long it takes the VA to make a decision on your claim. How quickly your application will be considered is mostly determined by the quantity of evidence you provide. 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 on the status of your claim can affect the time it takes to complete the process. You can help speed up the process by providing evidence promptly by being specific with your address information for the medical care facilities that you use, and submitting any requested information as soon as it's available.

You can request a more thorough review if you believe the decision made on your disability was not correct. You must submit all the facts of your case to an experienced reviewer, who can determine whether there an error in the original decision. This review does not include any new evidence.