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How to File a Veterans Disability Claim

A veteran's disability claim is a crucial component of his or her benefit application. Many veterans disability compensation who have their claims approved receive a monthly income that is tax free.

It's no secret that VA is behind in processing veteran disability claims. It can take months, even years for a determination to be made.

Aggravation

Veterans may be eligible for disability compensation if their condition was aggravated by their military service. This type of claim is known as an aggravated disability and can be either mental or physical. A VA lawyer who is certified can help an ex-military member file an aggravated disabilities claim. A claimant has to prove, with medical evidence or independent opinions, that their medical condition prior to service was aggravated by active duty.

Typically, the most effective way to prove that a pre-service issue was aggravated is to obtain an independent medical opinion by an expert in the disability of veterans disability case. In addition to the doctor's opinion, the veteran should also submit medical records as well as statements from family members or friends who can attest to their pre-service condition.

It is important to note in a veterans disability attorney disability claim that the aggravated conditions must be different from the initial disability rating. An attorney who is a disability attorney can help the former service member on how to provide the proper medical evidence and testimony to prove that their condition was not only aggravated by military service, but was worse than it would have been had it not been for the aggravating factor.

VA proposes to revise its two "aggravation standards" in its regulations, 38 CFR 3.306 and 3.310. The different language of these provisions has led to confusion and disagreement in the process of claiming. The incongruent use phrases like "increased disability" and "any increased severity" have been the cause of litigation.

Conditions that are associated with Service

To qualify for benefits, the veteran must prove that the cause of their health or disability was caused by service. This is known as proving "service connection." Service connection is automatically granted for certain ailments, like Ischemic heart diseases and other cardiovascular diseases that arise as a result specific amputations that are connected to service. veterans disability legal suffering from other conditions like PTSD are required to provide the evidence of lay witnesses or from people who knew them during their time in service to connect their condition to an specific event that occurred during their time in the military.

A preexisting medical problem could be service-related in the event that it was aggravated by their active duty service and not through natural progress of the disease. The best method to prove this is to present the opinion of a doctor that the ailment was due to service and not the normal progression of the disease.

Certain illnesses and injuries may be attributed to or aggravated due to treatment. They are known as "presumptive diseases." This includes exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in Prisoners of War, and different Gulf War conditions. Certain chronic diseases and tropical diseases are also presumed to have been caused or aggravated by service. These include AL amyloidosis or chloracne, other acne-related diseases and porphyria cutsanea tarda tuberculosis, multiple sclerosis and diabetes mellitus type 2. For more information on these presumptive conditions, click here.

Appeal

The VA has a procedure for appealing their decision to award or deny benefits. The first step is filing a Notice of Disagreement. If your VA-accredited lawyer does not complete this task for the client, then you must complete it on your own. This form is used by the VA to let them know that you do not agree with their decision, and Veterans Disability Claim would prefer a more thorough review of your case.

There are two paths to a more thorough review that you should carefully consider. One option is to request a private hearing with a Decision Review Officer from your regional office. The DRO will perform a de novo (no review is given to prior decisions) review and either reverse the earlier decision or uphold the decision. You may be required or not be required to present new evidence. You may also request an appointment with a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It is essential to discuss all of these factors with your lawyer who is accredited by the VA. They're experienced and know the best option for your situation. They also know the issues faced by disabled veterans which makes them a stronger advocate for you.

Time Limits

You can apply for compensation if you have an impairment that you acquired or worsened while serving in the military. However, you'll need patient when it comes to the VA's process of review and deciding on the merits of your claim. You could have to wait up to 180 calendar days after filing your claim to receive a decision.

Many factors can influence the time it takes for VA to make a decision on your claim. The amount of evidence submitted will play a big role in the speed at which your claim is considered. The location of the field office handling your claim will also impact the time it takes for the VA to review your claims.

How often you check in with the VA to check the status of your claim can also affect the time it takes to process. You can speed up the claim process by providing all evidence as fast as you can, including specific details about the medical care facility you use, and sending any requested information.

You could request a higher-level review if you believe that the decision you were given regarding your disability was unjust. You must submit all the facts regarding your case to an experienced reviewer, who will decide whether there was a mistake in the original decision. The review doesn't include any new evidence.