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How to File a Veterans Disability Claim
A veteran's disability claim is an important element of their benefit application. Many veterans who have their claims accepted receive a monthly income that is tax free.
It's not a secret that the VA is way behind in processing disability claims for veterans disability law firm. It could take months, firm even years, for a final decision to be made.
Aggravation
A veteran may be able get disability compensation in the event of a condition worsened due to their military service. This type of claim may be mental or physical. A VA lawyer who is competent can help an ex-military personnel make an aggravated disability claim. The claimant must demonstrate using medical evidence or an independent opinion, that their pre-service medical condition was aggravated through active duty.
A doctor who is an expert in the condition of the veteran will be able to provide an independent medical opinion that will demonstrate the severity of the pre-service illness. In addition to a doctor's statement in addition, the veteran will need to submit medical records and lay assertions from family or friends who can confirm the seriousness of their pre-service ailments.
It is essential to note in a veterans disability law firm disability claim that the aggravated condition must differ from the original disability rating. A disability lawyer can assist former service members provide the necessary medical evidence and witness to prove that their previous condition wasn't simply aggravated due to military service but that it was more severe than what it would have been had the aggravating factor weren't present.
In addressing this issue VA is proposing to change the two "aggravation" standards in its regulations 38 CFR 3.306 and 3.310. The differing language in these provisions has caused confusion and controversy in the process of making claims. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the cause of litigation.
Service-Connected Conditions
To qualify a veteran for benefits, they have to prove that their condition or illness is linked to service. This is known as "service connection." For some ailments, like ischemic heart disease or other cardiovascular diseases that arise as a result of service-connected amputations, a service connection is automatically granted. Veterans suffering from other ailments, like PTSD, must provide lay testimony or lay evidence from those who knew them during their time in the military to connect their condition to an specific event that occurred during their time in the military.
A preexisting medical issue could also be service-connected in the case that it was aggravated by active duty and not caused by the natural progress of the disease. The best method to prove this is to present a doctor's opinion that states that the aggravation was due to service, and not the normal development of the condition.
Certain ailments and injuries can be presumed to be caused or aggravated by service. These are called "presumptive diseases." This includes 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 diseases are thought to be caused or aggravated by service. They include AL amyloidosis or chloracne, other acneform diseases and porphyria cutsanea tarda tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. For more information on these presumptive conditions, visit here.
Appeal
The VA has a process for appealing their decision on whether or not they will grant benefits. The first step is to submit a Notice of Disagreement. If your lawyer who is accredited by the VA does not take this step for you, then you're able to complete the process on your own. This form is used by the VA to inform them that you do not agree with their decision, and want a higher level review of your case.
You have two options for a higher level review. Both should be carefully considered. You can request a personal meeting with a Decision Review Officer at your local office. The DRO will conduct a de novo appeal (no deference to the earlier decision) and then either reverse or affirm the earlier decision. You may or not be allowed to submit new evidence. Another option is to request an interview with a Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.
It's important to discuss these aspects with your VA-accredited attorney. They have experience and know what is best for your case. They are also aware of the difficulties faced by disabled veterans and can be more effective advocates for you.
Time Limits
If you suffer from a disability that was incurred or worsened during military service, you can file a claim and receive compensation. You'll need to wait while the VA examines and decides on your application. It could take as long as 180 days after your claim is filed before you get an answer.
There are many variables that affect the time the VA will take to make an decision on your claim. The speed at which your claim will be evaluated is largely determined by the volume of evidence you provide. The location of the VA field office who will review your claim can also influence how long it takes.
How often you check in with the VA to see the status of your claim could affect the length of time it takes to process your claim. You can accelerate the process by providing evidence as soon as you can and by providing specific address details for the medical care facilities that you utilize, and providing any requested information as soon as it is available.
If you think there was an error in the decision made regarding your disability, you can request a higher-level review. You'll need to provide all the facts regarding your case to an experienced reviewer, who can determine whether there an error in the initial decision. However, this review is not able to contain new evidence.
A veteran's disability claim is an important element of their benefit application. Many veterans who have their claims accepted receive a monthly income that is tax free.
It's not a secret that the VA is way behind in processing disability claims for veterans disability law firm. It could take months, firm even years, for a final decision to be made.
Aggravation
A veteran may be able get disability compensation in the event of a condition worsened due to their military service. This type of claim may be mental or physical. A VA lawyer who is competent can help an ex-military personnel make an aggravated disability claim. The claimant must demonstrate using medical evidence or an independent opinion, that their pre-service medical condition was aggravated through active duty.
A doctor who is an expert in the condition of the veteran will be able to provide an independent medical opinion that will demonstrate the severity of the pre-service illness. In addition to a doctor's statement in addition, the veteran will need to submit medical records and lay assertions from family or friends who can confirm the seriousness of their pre-service ailments.
It is essential to note in a veterans disability law firm disability claim that the aggravated condition must differ from the original disability rating. A disability lawyer can assist former service members provide the necessary medical evidence and witness to prove that their previous condition wasn't simply aggravated due to military service but that it was more severe than what it would have been had the aggravating factor weren't present.
In addressing this issue VA is proposing to change the two "aggravation" standards in its regulations 38 CFR 3.306 and 3.310. The differing language in these provisions has caused confusion and controversy in the process of making claims. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the cause of litigation.
Service-Connected Conditions
To qualify a veteran for benefits, they have to prove that their condition or illness is linked to service. This is known as "service connection." For some ailments, like ischemic heart disease or other cardiovascular diseases that arise as a result of service-connected amputations, a service connection is automatically granted. Veterans suffering from other ailments, like PTSD, must provide lay testimony or lay evidence from those who knew them during their time in the military to connect their condition to an specific event that occurred during their time in the military.
A preexisting medical issue could also be service-connected in the case that it was aggravated by active duty and not caused by the natural progress of the disease. The best method to prove this is to present a doctor's opinion that states that the aggravation was due to service, and not the normal development of the condition.
Certain ailments and injuries can be presumed to be caused or aggravated by service. These are called "presumptive diseases." This includes 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 diseases are thought to be caused or aggravated by service. They include AL amyloidosis or chloracne, other acneform diseases and porphyria cutsanea tarda tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. For more information on these presumptive conditions, visit here.
Appeal
The VA has a process for appealing their decision on whether or not they will grant benefits. The first step is to submit a Notice of Disagreement. If your lawyer who is accredited by the VA does not take this step for you, then you're able to complete the process on your own. This form is used by the VA to inform them that you do not agree with their decision, and want a higher level review of your case.
You have two options for a higher level review. Both should be carefully considered. You can request a personal meeting with a Decision Review Officer at your local office. The DRO will conduct a de novo appeal (no deference to the earlier decision) and then either reverse or affirm the earlier decision. You may or not be allowed to submit new evidence. Another option is to request an interview with a Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.
It's important to discuss these aspects with your VA-accredited attorney. They have experience and know what is best for your case. They are also aware of the difficulties faced by disabled veterans and can be more effective advocates for you.
Time Limits
If you suffer from a disability that was incurred or worsened during military service, you can file a claim and receive compensation. You'll need to wait while the VA examines and decides on your application. It could take as long as 180 days after your claim is filed before you get an answer.
There are many variables that affect the time the VA will take to make an decision on your claim. The speed at which your claim will be evaluated is largely determined by the volume of evidence you provide. The location of the VA field office who will review your claim can also influence how long it takes.
How often you check in with the VA to see the status of your claim could affect the length of time it takes to process your claim. You can accelerate the process by providing evidence as soon as you can and by providing specific address details for the medical care facilities that you utilize, and providing any requested information as soon as it is available.
If you think there was an error in the decision made regarding your disability, you can request a higher-level review. You'll need to provide all the facts regarding your case to an experienced reviewer, who can determine whether there an error in the initial decision. However, this review is not able to contain new evidence.
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