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How to File a Veterans Disability Claim

The veteran's claim for disability is a key element of the application for benefits. Many veterans receive tax-free income when their claims are approved.

It's not secret that VA is behind in the processing of claims for disability from veterans disability litigation. The decision could take months or even years.

Aggravation

A veteran might be able to receive compensation for disability due to an illness that was worsened due to their military service. This kind of claim can be physical or mental. A VA lawyer who is qualified can assist an ex-military member file an aggravated disabilities claim. A claimant must demonstrate either through medical evidence or independent opinions, that their condition prior to service was made worse by active duty.

Typically, veterans disability claim the most effective way to prove that a pre-service condition was aggravated is to obtain an independent medical opinion by an expert in the disability of veterans disability lawyer. In addition to a doctor's statement the veteran will be required to provide medical records as well as lay statements from family members or friends who are able to confirm the extent of their pre-service injuries.

In a claim for disability benefits for veterans it is important to note that the aggravated condition has to be distinct from the initial disability rating. A disability lawyer can guide the former soldier on how to provide sufficient medical evidence and proof that their condition was not just aggravated through military service, but was worse than it would have been had it not been for the aggravating factor.

In order to address 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 led to confusion and controversies in the claims process. The inconsistent use of terms such as "increased disability" and "any increased severity" are the main cause of litigation.

Service-Connected Terms

For a veteran to qualify for benefits, they have to prove that their disability or illness is connected to service. This is referred to as "service connection." For some ailments, like ischemic heart disease or other cardiovascular diseases that manifest because of services-connected amputations is automatically granted. For other conditions, like PTSD veterans disability law have to 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 of service.

A preexisting medical problem could be a result of service in the case that it was aggravated by active duty and not through natural progress of the disease. The best method to prove this is by providing a doctor's opinion that states that the aggravation was due to service and not the normal progression of the disease.

Certain illnesses and injuries may be thought to be caused or aggravated by service. These are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in prisoners of War and other Gulf War conditions. Certain chronic diseases and tropical illnesses are also assumed to have been aggravated or caused by military service. These include AL amyloidosis or chloracne, other acne-related diseases and porphyria cutsanea tarda tuberculosis and multiple sclerosis and diabetes mellitus type 2. Click here to learn more about these probable diseases.

Appeal

The VA has a procedure for appealing their decision to award or deny benefits. The first step is filing an appeal called a Notice of Disagreement. Your VA-accredited attorney is likely to complete this for you however, if not, you are able to file it yourself. This form is used to tell the VA you disagree with their decision and you'd like a higher-level analysis of your case.

There are two options available for a more thorough review. Both should be considered carefully. One is to request a private hearing with a Decision Review Officer at your regional office. The DRO will conduct an in-person (no consideration is given to prior decisions) review and either reverse the earlier decision or maintain the decision. You could be able or not required to provide new proof. The alternative is to request an appointment with a Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

There are a variety of factors to consider when choosing the most appropriate route for your appeal, so it's essential to discuss these options with your attorney who is accredited by the VA. They have experience and know the best option for your case. They are also familiar with the difficulties that disabled veterans face, which makes them a better advocate for you.

Time Limits

If you have a disability that was caused or aggravated in the military, you can file a claim to receive compensation. You'll have to be patient while the VA examines and decides on your claim. You may need to wait up to 180 calendar days after filing your claim before you get a decision.

There are many factors that influence how long the VA will take to reach a decision on your claim. The speed at which your claim 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 impact the length of time required to review.

How often you check in with the VA to check the status of your claim can affect the length of time it takes to finish the process. You can speed up the process by providing all evidence as fast as possible, providing specific details regarding the medical center you use, as well as sending any requested details.

If you believe there has been an error in the determination of your disability, you are able to request a higher-level review. You will need to submit all the facts of your case to a knowledgeable reviewer, who will decide whether there an error in the original decision. This review doesn't contain any new evidence.