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How to File a Veterans Disability Claim

A veteran's disability claim is an essential component of his or her benefit application. Many veterans disability attorneys receive tax-free income when their claims are accepted.

It's not a secret that the VA is way behind in the process of processing disability claims from veterans. It can take months or even years for a determination to be made.

Aggravation

Veterans may be eligible for disability compensation in the event that their condition was caused by their military service. This kind of claim can be physical or mental. A VA lawyer who is certified can help an ex-military person make an aggravated disability claim. A claimant must demonstrate by proving medical evidence or independent opinions that their condition prior to service was made worse by active duty.

Typically the most effective method to prove that a condition prior to service was aggravated is to get an independent medical opinion by an expert doctor who is specialized in the veteran's disability. In addition to the doctor's opinion in addition, the veteran will be required to provide medical records as well as lay statements from family members or friends who can attest to the seriousness of their pre-service ailments.

In a veterans disability claim it is important to remember that the condition being aggravated has to be distinct from the initial disability rating. An attorney for disability can guide an ex-servicemember on how to provide the proper medical evidence and proof that their original health condition was not merely aggravated through military service, but was worse than it would have been had it not been for the aggravating factor.

VA proposes to change its two "aggravation standards" in its regulations 38 CFR 3.306 and 3.310. The difference in the wording of these provisions has led to confusion and controversies in the claims process. The incongruent use phrases like "increased disability" and "any increased severity" have been the cause of litigation.

Service-Connected Conditions

For a veteran to qualify for benefits, they have to prove that their disability or illness is linked to service. This is known as proving "service connection." Service connection is granted automatically for certain conditions, like Ischemic heart disease or another cardiovascular diseases that arise due to specific amputations linked to service. For other conditions, like PTSD, veterans disability law must provide lay evidence or testimony from people who were their friends in the military to prove their condition with a specific incident that occurred during their time in service.

A preexisting medical problem could be a result of service when it was made worse by their active duty service and not through natural progress of the disease. It is recommended to present an explanation from a doctor that the aggravation of the condition was due to service, and not the natural progression of the disease.

Certain ailments and injuries can be believed to be caused or aggravated due to treatment. These are called "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in Prisoners of War, as well as other Gulf War conditions. Certain chronic diseases and Veterans Disability Claim tropical illnesses are also thought to be aggravated or caused by military service. This includes AL amyloidosis, as well as other acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis Tuberculosis and diabetes Mellitus Type 2. For more information about these presumptive diseases, click here.

Appeal

The VA has a process to appeal their decision as to whether or not to award benefits. The first step is filing an appeal called a Notice of Disagreement. If your VA-accredited lawyer does not handle this for you, then you can complete the process on your own. This form is used by the VA to let them know that you disagree with their decision, and would prefer a more thorough review of your case.

There are two options available for a more thorough review. Both options should be considered carefully. One is to request a private hearing with an officer from the Decision Review Office at your regional office. The DRO will conduct a de novo (no consideration of previous decisions) review and either reverse the earlier decision or uphold the decision. You might or may not be able to submit new evidence. You may also request an interview with a Veterans Law judge at the Board of veterans disability claim' Appeals, Washington D.C.

It is crucial to discuss all of these factors with your lawyer who is accredited by the VA. They'll have experience and Veterans Disability Claim know what's best for your situation. They are also familiar with the challenges that disabled veterans face and their families, which makes them an effective advocate for you.

Time Limits

You can claim compensation if you have a disability that was acquired or worsened in the course of serving in the military. It is important to be patient as the VA examines and decides on your claim. It may take up to 180 days after the claim has been submitted before you get an answer.

There are many factors that can affect how long the VA will take to make an informed decision on your claim. The amount of evidence that you submit will play a major role in the speed at which your claim is evaluated. The location of the VA field office which will be evaluating your claim can also influence the length of time required to review.

Another aspect that could affect the time it takes for your claim to be processed is how often you contact the VA to check on its progress. You can help speed up the process by submitting your evidence promptly by being specific with your details regarding the address of the medical care facilities you use, and submitting any requested information when it becomes available.

If you think there has been a mistake in the decision on your disability, you may request a more thorough review. You must submit all the facts of your case to a knowledgeable reviewer who will determine whether there an error in the original decision. However, this review can't include new evidence.