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How to File a Veterans Disability Claim

The claim of a veteran for disability is an important component of the application process for benefits. Many veterans receive tax-free income when their claims are granted.

It's not a secret that VA is behind in processing veteran disability claims. It can take months, even years for a determination to be made.

Aggravation

veterans disability attorney may be entitled to disability compensation if their condition was caused by their military service. This type of claim is called an aggravated disability. It can be either mental or physical. A VA lawyer who is competent can assist an ex-military personnel file an aggravated disabilities claim. A claimant has to prove through medical evidence or independent opinions, that their medical condition prior to serving was aggravated by active duty.

A doctor who is an expert on the condition of the veteran can provide an independent medical opinion proving the severity of the condition prior to service. In addition to a physician's declaration, the veteran will also need to submit medical records as well as lay statements from family members or friends who can testify to the severity of their pre-service condition.

It is crucial to remember in a veterans disability claim that the condition being aggravated has to be different from the initial disability rating. Disability lawyers can help a former servicemember provide enough medical evidence and testimony to show that their initial condition wasn't only aggravated due to military service, but it was worse than what it would have been if the aggravating factor wasn't present.

VA proposes to rewrite its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The differences in the language of these provisions has created confusion and disagreement in the claims process. Specifically, the incongruent use of phrases such as "increase in disability" and "any increase in severity" has been the cause of litigation and confusion.

Service-Connected Conditions

To be eligible for benefits, the veteran must prove that the cause of their health or disability was caused by service. This is referred to as "service connection." For certain conditions, like ischemic heart disease, or other cardiovascular diseases that develop due to specific service-connected amputations, a service connection is granted automatically. For other conditions, like PTSD veterans disability compensation have to present documents or evidence from people who were their friends in the military, to link their condition to an specific incident that took place during their time in service.

A pre-existing medical issue can be a result of service in the event that it was aggravated by active duty and not as a natural progression of the disease. The most effective method to prove this is to present a doctor's opinion that states that the aggravation was due to service, and not the normal progress of the condition.

Certain illnesses and injuries may be presumed to be caused or aggravated due to treatment. These are called "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans disability compensation, exposure to radiation in Prisoners of War, as well as other Gulf War conditions. Certain chronic diseases and tropical diseases are also thought to be caused or worsened by military service. This includes AL amyloidosis and various acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis Tuberculosis as well as Diabetes Mellitus Type 2. Click here for more information about these presumptive illnesses.

Appeal

The VA has a procedure to appeal their decision as to the issue of whether or not to grant benefits. The first step is filing a Notice Of Disagreement. If your VA-accredited lawyer does not take this step for you, you are able to do it on your own. This form is used by the VA to inform them that you do not agree with their decision, Veterans Disability Claim and would prefer a more thorough review of your case.

There are two options available for a more thorough review. Both should be considered carefully. One option is to request a hearing with a Decision Review Officer at your regional office. The DRO will conduct a de novo (no review is given to prior decisions) review and either overturn the earlier decision or confirm it. You may be able or not be required to present new evidence. You may also request an appearance before a Veterans Law judge at the Board of veterans disability case' Appeals, Washington D.C.

It's important to discuss all of these factors with your VA-accredited attorney. They will have experience in this area and will know what makes the most sense for your particular situation. They are also well-versed in the challenges that disabled veterans disability legal face, which makes them an ideal advocate for you.

Time Limits

You can claim compensation if you suffer from a disability that was acquired or worsened while serving in the military. However, you'll need patient during the VA's process of reviewing and deciding on the merits of your claim. It could take up 180 days after the claim has been submitted before you get an answer.

There are many factors that affect the time the VA will take to make a decision on your claim. The amount of evidence submitted will play a major role in the speed at which your application is reviewed. The location of the VA field office which will be reviewing your claim can also influence the length of time it takes.

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

You may request a higher-level review if you feel that the decision made on your disability was wrong. You must submit all of the facts about your case to a knowledgeable reviewer who will determine whether there an error in the initial decision. This review doesn't contain any new evidence.