How to File a Veterans Disability Claim

A veteran's disability claim is an essential element of their benefit application. Many veterans who have their claims accepted receive additional monthly income which is tax-free.

It's no secret that VA is way behind in processing disability claims from veterans. It could take months, even years for a decision to be made.

Aggravation

A veteran may be able to claim disability compensation for a condition caused by their military service. This kind of claim is known as an aggravated impairment and can be mental or physical. A qualified VA lawyer can assist the former service member to file an aggravated disability claim. A claimant needs to prove via medical evidence or an independent opinion, that their condition prior to service was made worse by active duty.

A doctor who is an expert in the condition of the veteran will be able to provide an independent medical opinion that demonstrates the severity of the condition prior disability to service. In addition to the doctor's statement the veteran should also submit medical records as well as the lay statements of family or friends who attest to their pre-service condition.

In a claim for disability benefits for veterans it is essential to note that the aggravated condition must differ from the original disability rating. An attorney for disability can guide the former service member on how to provide sufficient medical evidence and testimony to establish that their condition was not just aggravated by 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 & 3.310. The differing wording of these provisions has caused confusion and disagreement during the process of making claims. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the root of litigation.

Service-Connected Terms

For a veteran to qualify for benefits, they must prove that their disability or illness is related to service. This is called showing "service connection." Service connection is automatically granted for certain conditions, like Ischemic heart diseases and other cardiovascular diseases that develop as a result specific amputations that are connected to service. For other conditions, such as PTSD northport veterans disability law firm are required to provide the evidence of laypeople or those who knew them during the military, to link their illness to a specific incident that took place during their time in service.

A pre-existing medical condition can be a result of service if it was aggravated due to active duty service and not due to the natural progression of the disease. It is best to submit the doctor with a report explaining that the aggravation of the condition was due to service, and not the natural progression of the disease.

Certain injuries and illnesses are believed to have been caused or aggravated due to service. These are referred to as "presumptive illnesses." This includes exposure to Agent Orange for Vietnam and Korean veterans exposure to radiation in prisoner of war, and different Gulf War conditions. Certain chronic diseases and tropical diseases are thought to be caused or aggravated from 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 probable conditions, click here.

Appeal

The VA has a system to appeal their decision as to whether or not to grant benefits. The first step is to make a notice of disagreement. If your lawyer who is accredited by the VA does not complete this task for you, then you can complete it on your own. This form allows you to inform the VA you disagree with their decision and you would like a more thorough review of your case.

There are two options for a more thorough review. Both options should be considered carefully. One option is to request a personal hearing with an officer from the Decision Review Office at your regional office. The DRO will conduct a review de novo (no deference given to the previous decision) and either reverse or confirm the earlier decision. You could or might not be able submit new evidence. The other option is to request a hearing with an Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

It is crucial to discuss all of these issues with your lawyer who is accredited by the VA. They'll have experience and know the best option for your case. They are also familiar with the difficulties faced by disabled veterans and their families, which makes them an effective advocate for you.

Time Limits

If you suffer from a disability that was caused or disability aggravated in the military, you can file a claim to receive compensation. You'll need to be patient as the VA reviews and decides on your application. It could take up 180 days after your claim is filed before you are given an answer.

Many factors influence how long it takes the VA to make a decision on your claim. The speed at which your application will be reviewed is largely determined by the volume of evidence you have submitted. The location of the VA field office who will review your claim could also impact the length of time it takes.

Another factor that could affect the length of time it takes your claim to be processed is the frequency at which you contact the VA to check the status of your claim. You can speed up the process by submitting evidence whenever you can and by providing specific address details for the medical facilities you utilize, and providing any requested information when it becomes available.

If you believe there was a mistake in the determination of your disability, then you can request a higher-level review. You'll have to submit all the facts of your case to an experienced reviewer, who can determine whether there was a mistake in the initial decision. The review doesn't include any new evidence.