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How to File a Veterans Disability Claim

The claim of disability for a veteran is an important element of the application for benefits. Many veterans who have their claims approved receive additional income each month which is tax-free.

It's not a secret that the VA is a long way behind in the process of processing disability claims made by veterans. A decision can take months or even years.

Aggravation

A veteran may be able to receive disability compensation for a condition caused by their military service. This type of claim could be physical or mental. A skilled VA lawyer can help former service members to file an aggravated disability claim. A claimant has to prove, through medical evidence or independent opinions, that their condition prior to service was aggravated due to active duty.

Typically, the most effective way to prove that a pre-service condition was aggravated is to get an independent medical opinion from an expert in the disabled veteran. In addition to a physician's declaration, the veteran will also require medical records and lay declarations from family or friends who are able to confirm the severity of their pre-service conditions.

It is crucial to remember in a claim to be disabled by a veteran that the aggravated condition must be different than the original disability rating. An attorney for disability can guide a former servicemember on how to provide the proper medical evidence and testimony to prove that their original condition was not only caused through military service, but was worse than it would have been without the aggravating factor.

In addressing this issue VA is proposing to realign the two "aggravation" standards within its regulations - 38 CFR 3.306 and 3.310. The differing language in these regulations has led to confusion and controversy in the claims process. The inconsistent use of words such as "increased disability" and "any increased severity" have been the root of litigation.

Conditions that are associated with Service

To be eligible for benefits, the veteran must prove that the health or disability was caused by service. This is known as "service connection." For certain conditions, such as Ischemic heart disease or other cardiovascular diseases that manifest due to specific services-connected amputations is automatically granted. Veterans suffering from other ailments such as PTSD and PTSD, are required to provide witness testimony or lay evidence from those who knew them during their time in service to connect their condition with a specific event that occurred during their military service.

A pre-existing medical issue can also be service related in the case 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 an opinion from a doctor that states that the aggravation was due to service and not the normal progression of the condition.

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

Appeals

The VA has a system to appeal their decision on whether or not to award benefits. The first step is to file a Notice of Disagreement. If your lawyer who is accredited by the VA does not handle this for you, you are able to complete the process on your own. This form is used by the VA to let them know that you disagree with their decision and want a higher level review of your case.

You have two options for a higher level review. Both should be carefully considered. One is to request a private hearing with a Decision Review Officer from your regional office. The DRO will conduct a de novo appeal (no deference to the earlier decision) and either reverse or uphold the earlier decision. You could be able or not required to submit a new proof. The other option is to request an interview before a veterans disability lawyer Law Judge from the Board of veterans disability litigation' Appeals in Washington, D.C.

There are many factors that go into choosing the most appropriate route for your appeal, and it's essential to discuss these issues with your VA-accredited attorney. They're experienced in this field and know what makes sense for your specific case. They are also well-versed in the difficulties that disabled veterans disability lawsuit face and their families, which makes them an effective advocate for you.

Time Limits

You can seek compensation if you suffer from an illness that you developed or worsened during your time in the military. However, you'll need to be patient when it comes to the VA's process for reviewing and veterans disability claim deciding on your application. It could take as long as 180 days after your claim is filed before you get a decision.

Many factors can influence the time it takes for the VA to decide on your claim. The amount of evidence submitted will play a significant role in the speed at which your claim is reviewed. The location of the VA field office who will review your claim can also impact how long it takes.

How often you check in with the VA on the status of your claim can affect the length of time it takes to process your claim. You can speed up the process by providing evidence as soon as you can and being specific in your address details for the medical care facilities that you utilize, and providing any requested information as soon as it's available.

If you think there has been a mistake in the decision regarding your disability, you may request a more thorough review. This involves submitting all the facts that exist in your case to an experienced reviewer who will determine if there was an error in the original decision. This review does not include any new evidence.