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How to File a Veterans Disability Claim

A veteran's disability claim is a crucial part of his or her benefit application. Many veterans receive tax-free income when their claims are granted.

It's no secret that the VA is way behind in the process of processing disability claims made by veterans. It can take months or even years for a determination to be made.

Aggravation

Veterans could be eligible for disability compensation if their condition was aggravated due to their military service. This type of claim could be either mental or physical. A licensed VA lawyer can assist a former servicemember make an aggravated disability claim. The claimant must demonstrate through medical evidence or independent opinions that their pre-service medical condition was aggravated by active duty.

A doctor who is an expert in the condition of the veteran can provide an independent medical opinion proving the severity of the pre-service illness. In addition to the doctor's statement the veteran is required to submit medical records as well as 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 that is aggravated must be distinct from the original disability rating. A disability lawyer can guide the former soldier on how they can provide enough medical evidence and testimony to prove that their condition was not only 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 differing language used in these provisions has led to confusion and controversy during the process of claiming. Particularly, the inconsistent use of phrases such as "increase in disability" and "any increase in severity" is the cause of disputes and confusion.

Service-Connected Conditions

To be eligible for benefits veterans must show that his or her impairment or illness was caused by service. This is referred to as "service connection." For certain ailments, like ischemic heart disease, or other cardiovascular diseases that develop due to specific service-connected amputations, service connection is automatically granted. veterans disability lawyer suffering from other ailments like PTSD are required to provide the evidence of lay witnesses or from those who were their friends during their service to link their condition to a specific event that occurred during their time in the military.

A pre-existing medical issue can be a service-related issue in the case that it was aggravated because of active duty and not just the natural progression of the disease. It is recommended to present a doctor's report that explains that the aggravation of the condition was due to service and not the natural progression.

Certain ailments and injuries are believed to be caused or aggravated due to service. These are called "presumptive illnesses." 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 Veterans Disability Claim tropical diseases are assumed to have been aggravated or triggered by service. These are AL amyloidosis, chloracne, other acne-related diseases and porphyria cutsanea tarda multiple sclerosis, tuberculosis, and diabetes mellitus type 2. For more information on these presumptive conditions, click here.

Appeals

The VA has a system for appealing their decision on whether or not to award benefits. The first step is to file a Notice of Disagreement. Your VA-accredited attorney will likely make this filing on your behalf but if not, you may file it yourself. This form is used by the VA to let them know that you are not satisfied with their decision and would prefer a more thorough review of your case.

There are two paths to an upper-level review and both of them are options you should consider carefully. You can request a private meeting with a Decision Review Officer at your local office. The DRO will perform an in-person (no consideration is given to the previous decisions) review and either overturn the previous decision or affirm the decision. You may be able or not required to provide new proof. You can also request a hearing before a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It is crucial to discuss these issues with your VA-accredited attorney. They have experience and know what is best for your situation. They also understand the challenges faced by disabled veterans disability lawsuit and can be an effective advocate for you.

Time Limits

You can claim compensation if you have a disability that you acquired or worsened as a result of serving in the military. But you'll have to be patient during the VA's process for taking a look at and deciding on your application. You may have to wait up to 180 calendar days after filing your claim before receiving a decision.

Many factors influence how long it takes the VA to consider your claim. The amount of evidence you provide will play a big role in the speed at which your claim is reviewed. The location of the VA field office that will be reviewing your claim can also impact how long it takes.

Another aspect that could affect the length of time it takes your claim to be processed is how often you contact the VA to check on the status of your claim. You can speed up the process by providing evidence as soon as you can and by providing specific information regarding the addresses of the medical care facilities that you use, and veterans disability claim sending any requested information when it becomes available.

You may request a higher-level review if it is your opinion that the decision based on your disability was unjust. This requires you to submit all facts that exist in your case to an expert reviewer who can determine if there was an error in the initial decision. But, this review will not contain new evidence.