How to File a Veterans Disability Claim

The veteran's claim for disability is a key component of the application process for benefits. Many veterans who have their claims approved receive a monthly income that is tax-free.

It's no secret that VA is behind in processing veteran disability claims. It can take months, even years for a determination to be made.

Aggravation

Veterans may be eligible for disability compensation if their condition was made more difficult by their military service. This type of claim is referred to as an aggravated disability. It could be either physical or mental. A VA lawyer who is qualified can help an ex-military person make an aggravated disability claim. The claimant must demonstrate, with medical evidence or an independent opinion, that their medical condition prior to service was made worse due to active duty.

Typically the most effective way to prove that a condition prior to service was aggravated is to obtain an independent medical opinion by a physician who specializes in the disabled veteran. In addition to a doctor's statement the veteran will also need to submit medical records and lay declarations from family or friends who are able to confirm the seriousness of their pre-service ailments.

When a claim for disability benefits from veterans it is important to keep in mind that the aggravated condition must be distinct from the initial disability rating. An attorney who is a disability attorney can help an ex-servicemember on how to present sufficient medical evidence and testimony to prove that their condition was not only caused by military service, Vimeo but was worse than it would have been without the aggravating factor.

VA proposes to revise its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The different language of these provisions has led to confusion and debate regarding the claims process. 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 have to prove that their condition or illness is connected to service. This is known as showing "service connection." Service connection is granted automatically for certain conditions, such Ischemic heart diseases and other cardiovascular conditions that develop as a result specific amputations linked to service. Veterans suffering from other ailments such as PTSD, must 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 event that occurred during their time in the military.

A preexisting medical condition may be a result of service when it was made worse by their active duty service and not due to the natural progression of the disease. The best way to prove this is by providing a doctor's opinion that states that the ailment was due to service and not the normal progress of the condition.

Certain injuries and illnesses can be attributed to or aggravated due to treatment. They are known as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean wilson veterans disability lawyer as well as exposure to radiation for Vimeo Prisoners of war, and various Gulf War conditions. Some chronic diseases and tropical illnesses are also believed to have been aggravated or caused by service. This includes AL amyloidosis and various acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis, Tuberculosis and Diabetes Mellitus Type 2. Click here for more information about these presumptive diseases.

Appeal

The VA has a system to appeal their decision on whether or not to grant benefits. The first step is to file a Notice of Disagreement. Your VA-accredited attorney will likely make this filing on your behalf 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 you want a higher-level review of your case.

There are two options for an upscale review one of which you should consider carefully. One option is to request a hearing with a Decision Review Officer at your regional office. The DRO will conduct a review de novo (no deference to the earlier decision) and either reverse or affirm the decision made earlier. You may or not be allowed to submit new evidence. You can also request an interview with an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It is important to discuss these aspects with your VA-accredited lawyer. They have experience and know the best option for your case. They are also familiar with the difficulties that disabled veterans face and their families, which makes them a better advocate for you.

Time Limits

If you suffer from a condition which was created or worsened during your military service, you may file a claim to receive compensation. However, you'll need patient with the process of review and deciding on your claim. It may take up to 180 days after the claim has been filed before you are given an answer.

There are many factors that can affect how long the VA will take to make an informed decision on your claim. The speed at which your application will be evaluated is largely determined by the amount of evidence that you submit. The location of the VA field office which will be evaluating your claim can also influence how long it takes.

Another aspect that could affect the length of time it takes your claim to be processed is the frequency at which you contact the VA to inquire about the progress of your claim. You can speed up the claim process by making sure to submit all evidence as swiftly as you can, and providing specific details regarding the medical facility you use, and sending any requested details.

You could request a higher-level review if it is your opinion that the decision you were given regarding your disability was unjust. This requires you to submit all evidence in your case to an experienced reviewer who will determine whether there was a mistake in the original decision. This review does not contain any new evidence.