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How to File a Veterans Disability Claim

A veteran's disability claim is an important component of his or her benefit application. Many veterans disability lawyers who have their claims accepted receive an additional monthly income that is tax-free.

It's not a secret that VA is behind in processing disability claims of 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 aggravated by their military service. This type of claim could be mental or physical. A VA lawyer who is qualified can assist a former military member to file a claim for aggravated disabilities. The claimant must demonstrate through medical evidence or independent opinions that their medical condition prior to service was made worse through active duty.

Typically, the most effective way to prove that a condition prior to service was aggravated is through an independent medical opinion from an expert physician who is knowledgeable about the veteran's disability. In addition to the doctor's opinion the veteran will have to submit medical records as well as lay statements from family or friends who are able to confirm the seriousness of their pre-service ailments.

In a veterans disability claim, it is important to remember that the aggravated condition must be distinct from the original disability rating. A disability lawyer can assist former service members provide the necessary medical evidence and witness to prove that their previous condition wasn't just aggravated due to military service, but was also more severe than it would have been had the aggravating factor wasn't present.

In order to address this issue VA proposes to re-align the two "aggravation" standards contained in its regulations 38 CFR 3.306 and 3.310. The differing wording of these provisions has created confusion and disagreement regarding the claims process. Particularly, the inconsistent use of terms like "increase in disability" and "any increase in severity" has led to a lot of litigation and uncertainty.

Service-Connected Terms

To be eligible for benefits the veteran must prove that their condition or disability was caused by service. This is referred to as proving "service connection." For certain conditions, like ischemic heart disease or other cardiovascular diseases that arise as a result of service-connected amputations, a service connection is granted automatically. Veterans suffering from other ailments, like PTSD and PTSD, are required to provide lay testimony or lay evidence from those who were their friends during their time in the military to connect their condition to a specific incident that occurred during their time in the military.

A pre-existing medical condition can be a service-related issue if it was aggravated by active duty and veterans disability claim not due to the natural progression of the disease. The best method to prove this is by providing the opinion of a doctor that the aggravation was due to service and not the normal progression of the disease.

Certain injuries and illnesses can be believed to be caused or aggravated by service. These are known as "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. Some chronic illnesses and tropical diseases are thought to be caused or aggravated by service. This includes AL amyloidosis as well as other acne-related diseases, including Porphyria cutanea Tarda, Veterans disability Claim Multiple Sclerosis Tuberculosis, and Diabetes Mellitus Type 2. For more information on these presumptive conditions, visit here.

Appeal

The VA has a procedure to appeal their decision on whether or not to award benefits. The first step is to file a Notice Of Disagreement. Your VA-accredited attorney is likely to complete this for you however if not, you are able to file it yourself. This form is used to tell the VA that you are not satisfied with their decision and that you'd like to have a more thorough review of your case.

There are two routes to a more thorough review one of which you should carefully consider. You can request a personal meeting with the Decision Review Officer at your local office. The DRO will perform a de novo (no review is given to previous decisions) review and either overturn the earlier decision or maintain it. You may be required or not required to submit a new proof. The alternative is to request a hearing with a veterans disability lawyers Law Judge at the Board of veterans disability lawsuit' Appeals in Washington, D.C.

It is essential to discuss these issues with your VA-accredited attorney. They'll have experience in this field and know what is the most appropriate option for your specific case. They are also aware of the difficulties faced by disabled veterans and can be a stronger advocate on your behalf.

Time Limits

You may be eligible for compensation if you suffer from a disability that was acquired or worsened while serving in the military. You'll need to wait while the VA evaluates and makes a decision on your application. It could take as long as 180 days after the claim has been submitted before you get a decision.

Numerous factors can affect the time it takes for VA to make a decision on your claim. The amount of evidence you submit will play a major role in the speed at which your claim is evaluated. The location of the field office that is responsible for your claim will also impact how long it takes for the VA to review your claim.

The frequency you check in with the VA to check the status of your claim could influence the time it takes to complete the process. You can help accelerate the process by providing evidence as soon as you can, being specific in your address information for the medical facilities you use, and sending any requested information when it becomes available.

You could request a higher-level review if you believe that the decision made on your disability was unjust. This requires you to submit all existing facts in your case to a senior reviewer who can determine whether there was an error in the initial decision. However, this review can't include any new evidence.