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How to File a Veterans Disability Claim

A veteran's disability claim is an essential part of their benefit application. Many veterans earn tax-free earnings when their claims are granted.

It's not a secret that VA is behind in the process of processing claims for disability by veterans. The process can take months or even years.

Aggravation

Veterans could be qualified for disability compensation if their condition was aggravated by their military service. This type of claim could be either mental or physical. A skilled VA lawyer can help the former service member make an aggravated disability claim. A claimant must prove, with medical evidence or an independent opinion, that their pre-service medical condition was aggravated by active duty.

A physician who is an expert in the condition of the veteran will be able to provide an independent medical opinion that demonstrates the severity of the condition prior to service. In addition to the doctor's statement the veteran is required to submit medical records and lay statements from family or friends who attest to their pre-service condition.

In a claim for disability benefits for veterans it is important to note that the aggravated condition has to differ from the original disability rating. An attorney who is a disability attorney can help an ex-servicemember on how they can provide enough medical evidence and evidence to show that their condition was not just aggravated by military service, but actually worse than it would have been without the aggravating factor.

VA proposes to change its two "aggravation standards" in its regulations 38 CFR 3.306 and 3.310. The different language of these provisions has caused confusion and disagreement during the process of filing claims. Specifically, the incongruent usage of terms such as "increase in disability" and "any increase in severity" is the cause of disputes and uncertainty.

Conditions of Service

To be eligible for benefits veterans must show that the condition or disability was caused by service. This is known as "service connection." For some ailments, like ischemic heart disease or other cardiovascular diseases that manifest because of service-connected amputations, a service connection is granted automatically. For other conditions, such as PTSD veterans disability lawsuit have to present the evidence of laypeople or people who were their friends in the military, in order to connect their illness to a specific incident that took place during their time in service.

A preexisting medical issue could be a result of service when it was made worse by their active duty service and not caused by the natural progress of the disease. The most effective way to prove this is by providing the opinion of a doctor that the aggravation was due to service and not just the normal development of the condition.

Certain ailments and injuries can be believed to be caused or aggravated by service. These are referred to as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans disability law radiation exposure in prisoners of War, as well as other Gulf War conditions. Certain chronic illnesses and tropical diseases are suspected to have been caused or worsened by military service. This includes AL amyloidosis as well as other acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis Tuberculosis and diabetes Mellitus Type 2. Click here to learn more about these probable diseases.

Appeal

The VA has a system to appeal their decision to award or deny benefits. The first step is to make a notice of disagreement. If your lawyer is certified by VA and does not do this for you, then you can do it yourself. This form is used by the VA to let them know that you disagree with their decision and would like a more thorough review of your case.

There are two options to request a higher level review. Both options should be carefully considered. One option is to request a private hearing with the Decision Review Officer in your regional office. The DRO will conduct an de novo review (no deference to the decision made previously) and Veterans Disability Claim then either reverse or uphold the earlier decision. You may or veterans disability claim may not be allowed to submit new evidence. The alternative is to request an interview before a Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

There are a variety of aspects to consider when selecting the most appropriate route for your appeal, and it's essential to discuss these options with your VA-accredited attorney. They will have experience in this field and know what is the most appropriate option for your particular situation. They are also well-versed in the challenges that disabled veterans disability compensation face, which makes them an ideal advocate for you.

Time Limits

If you suffer from a physical or mental impairment which was created or worsened during military service, then you may file a claim to receive compensation. However, you'll need to be patient during the process of reviewing and deciding on your claim. It could take up 180 days after your claim is filed before you are given a decision.

Numerous factors can affect how long it takes the VA to consider your claim. The speed at which your claim will be evaluated is largely determined by the amount of evidence you submit. The location of the field office that is responsible for your claim will also affect the time it takes for the VA to review your claim.

Another aspect that could affect the time it takes your claim to be processed is how often you contact the VA to inquire about the progress of your claim. You can accelerate the process of filing a claim by submitting all evidence as quickly as possible, providing specific details about the medical center you use, as well as providing any requested details.

You may request a higher-level review if you feel that the decision you were given regarding your disability was wrong. You will need to submit all the facts regarding your case to a knowledgeable reviewer, who will determine whether there was a mistake in the original decision. This review does not include any new evidence.