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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 disability case who have their claims accepted receive additional monthly income which is tax-free.

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

Aggravation

Veterans could be eligible for disability compensation if their condition was made more difficult by their military service. This type of claim can be physical or mental. A VA lawyer who is qualified can assist an ex-military member submit an aggravated disabilities claim. A claimant must prove by proving medical evidence or independent opinions that their medical condition prior to service was aggravated due to active duty.

Typically the most effective way to prove that a pre-service condition was aggravated is to get an independent medical opinion from an expert in the condition of the veteran. In addition to the physician's statement, the veteran should also submit medical records and lay statements from family or friends who can attest to their pre-service condition.

In a veterans disability claim it is important to note that the condition being aggravated has to be distinct from the original disability rating. A disability lawyer can help a former servicemember provide enough medical evidence and testimony in order to prove that their original condition wasn't only aggravated because of military service, however, it was much worse than it would have been if the aggravating factor had not been present.

VA proposes to rewrite its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The different wording in these provisions has led to confusion and controversies during the claims process. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the root of litigation.

Conditions Associated with Service

To be eligible for benefits, they must show that their condition or illness is related to their service. This is known as proving "service connection." For some conditions, like Ischemic heart disease and other cardiovascular diseases that develop due to specific services-connected amputations is granted automatically. Veterans with other conditions, like PTSD, must provide the evidence of lay witnesses or from those who were their friends 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 condition may also be service-connected when it was made worse by their active duty service and not through natural progress of the disease. The most effective way to demonstrate this is to provide the doctor's opinion that the aggravation was due to service, and not the normal development of the condition.

Certain injuries and illnesses are believed to have been caused or aggravated due to service. These are called "presumptive illnesses." They include exposure to Agent Orange for Vietnam and Korean veterans as well as exposure to radiation for Prisoners of War, and different Gulf War conditions. Certain chronic diseases and tropical diseases are also thought to be resulted or aggravated by military service. This includes AL amyloidosis and other acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis, Tuberculosis as well as Diabetes Mellitus Type 2. For more details on these probable conditions, click here.

Appeal

The VA has a procedure for appealing their decision to grant or deny benefits. The first step is to make a notice of disagreement. Your VA-accredited attorney will likely submit this form on your behalf, but if they do not, you can do it yourself. 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 options available for Veterans Disability Claim higher-level review. Both options should be carefully considered. You can request a private meeting with a Decision Review Officer in your local office. The DRO will perform a de novo (no consideration is given to previous decisions) review and either overturn the earlier decision or maintain the decision. It is possible that you will be able not required to provide new proof. You can also request a hearing before a veterans disability case Law judge at the Board of Veterans' Appeals, Washington D.C.

There are a variety of factors that go into choosing the most effective route for your appeal, so it is important to discuss these options with your attorney who is accredited by the VA. They'll have experience in this area and will know the best option for your particular case. They also know the issues that disabled veterans disability lawsuit face, which can make them a stronger advocate on your behalf.

Time Limits

You may be eligible for compensation if you suffer from a disability that you acquired or worsened in the course of serving in the military. You'll have to be patient as the VA examines and decides on your claim. It could take up to 180 days after your claim is filed before you get an answer.

There are many variables that influence how long the VA takes to make an assessment of your claim. How quickly your application will be reviewed is largely determined by the volume of evidence you have submitted. The location of the field office handling your claim can also influence the time it takes for the VA to review your claim.

The frequency you check in with the VA to check the status of your claim can also affect the time it takes to complete the process. You can speed up the process by providing evidence promptly by being specific with your address details for the medical care facilities you use, and sending any requested information as soon as it is available.

You may request a higher-level review if you believe the decision based on your disability was incorrect. You'll have to submit all the facts regarding your case to a knowledgeable reviewer, who can determine whether there an error in the original decision. However, this review cannot include new evidence.