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How to File a Veterans Disability Claim

The claim of a disabled veteran is a crucial part of the application for benefits. Many veterans disability legal who have their claims approved receive an additional monthly income that is tax free.

It's no secret that VA is way behind in processing disability claims for veterans. A decision can take months or even years.

Aggravation

A veteran might be able to receive disability compensation for the condition that was worsened by their military service. This type of claim is called an aggravated disability. It can be either mental or physical. A competent VA lawyer can assist a former servicemember make an aggravated disability claim. A claimant needs to prove by proving medical evidence or an independent opinion, that their condition prior to service was made worse by active duty.

Typically, the most effective way to prove that a pre-service condition was aggravated is to obtain an independent medical opinion from an expert physician who is knowledgeable about the veteran's disability. In addition to the doctor's statement the veteran is required to submit medical records as well as statements from family members or friends who attest to their pre-service condition.

In a veterans disability claim it is essential to note that the aggravated condition must be distinct from the original disability rating. A disability lawyer can guide the former service member on how to provide sufficient medical evidence and testimony to establish that their condition was not just aggravated by military service, but was worse than it would have been without the aggravating factor.

In order to address this issue, VA proposes to re-align the two "aggravation" standards within its regulations 38 CFR 3.306 and 3.310. The differing wording of these regulations has caused confusion and controversies during the process of claiming. Specifically, the incongruent usage of terms such as "increase in disability" and "any increase in severity" has been the source of litigation and uncertainty.

Conditions Associated with Service

In order for a veteran to be eligible for benefits, they must prove that their illness or disability is linked to service. This is referred to as proving "service connection." Service connection is automatically granted for certain conditions, such Ischemic heart diseases or any other cardiovascular conditions that develop due to specific amputations that are connected to service. For other conditions, like PTSD, veterans must provide documents or evidence from people who were their friends in the military to prove their condition with a specific incident that occurred during their time of service.

A pre-existing medical condition could be a service-related issue when it was made worse by active duty and not due to the natural progression of the disease. It is advisable to provide an explanation from a doctor that the aggravation of the condition was caused by service, and not simply the natural progression.

Certain ailments and injuries are believed to have been caused or worsened by service. They are known as "presumptive diseases." They include exposure to Agent Orange for Vietnam and Korean veterans as well as exposure to radiation for Prisoners of War, Veterans disability claim and various Gulf War conditions. Certain chronic diseases and tropical diseases are also suspected to have been caused or worsened by military service. This includes AL amyloidosis and various acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis Tuberculosis as well as Diabetes Mellitus Type 2. For more details on these presumptive diseases, click here.

Appeals

The VA has a process to appeal their decision on whether or not to award benefits. The first step is to submit a Notice of Dispute. If your lawyer who is accredited by the VA does not handle this for you, you are able to complete the process on your own. This form is used to notify the VA you disagree with their decision and you'd like to have a more thorough review of your case.

There are two options to request a higher level review. Both options should be carefully considered. You can request a private meeting with the Decision Review Officer at your local office. The DRO will conduct a de novo appeal (no deference to the previous decision) and either overturn or affirm the decision made earlier. You could be able or not required to provide new proof. You may also request an appearance before a veterans disability case Law judge at the Board of Veterans' Appeals, Washington D.C.

It is essential to discuss all of these factors with your VA-accredited attorney. They're experienced and know what's best for your situation. They are also aware of the challenges that disabled veterans disability litigation face, which can make them an effective advocate on your behalf.

Time Limits

You can seek compensation if you suffer from an impairment that you acquired or worsened while serving in the military. But you'll have to be patient with the VA's process of review and deciding on your claim. You may need to wait up to 180 calendar days after submitting your claim to receive a decision.

Many factors affect the time it takes for the VA to consider your claim. The speed at which your application will be evaluated is largely determined by the amount of evidence that you submit. The location of the VA field office that will be reviewing your claim can also impact the length of time required to review.

How often you check in with the VA to see the status of your claim can affect the time it takes to process. You can accelerate the process by providing evidence promptly and being specific in your address details for the medical facilities you use, and submitting any requested information immediately when it becomes available.

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