How to File a Veterans Disability Claim

The claim of disability for a veteran is a vital part of the application for benefits. Many veterans are eligible for tax-free income when their claims are granted.

It's no secret that VA is a long way behind in the process of processing disability claims for veterans. A decision can take months or even years.

Aggravation

A veteran could be eligible to receive disability compensation for a condition that was worsened by their military service. This type of claim is called an aggravated impairment and can be either mental or physical. A VA lawyer who is competent can assist a former military member submit an aggravated disabilities claim. A claimant must demonstrate, through medical evidence or independent opinions, that their pre-service condition was made worse by active duty.

A doctor who is an expert in the veteran's disability can provide an independent medical opinion that demonstrates the severity of the pre-service illness. In addition to the doctor's report, the veteran must also submit medical records and statements from relatives or friends who attest to their pre-service condition.

In a veterans disability lawyer disability claim it is essential to remember that the condition that is aggravated must be distinct from the initial disability rating. An attorney who is a disability attorney can help the former soldier on how to provide sufficient medical evidence and testimony to establish that their condition was not only aggravated by military service, but was worse than it would have been without the aggravating factor.

VA proposes to realign its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The differing wording of these regulations has caused confusion and controversy during the process of making claims. Particularly, the inconsistent use of terms such as "increase in disability" and "any increase in severity" has been the source of disputes and confusion.

Service-Connected Terms

To qualify a veteran for benefits, they must show that their condition or illness is connected to service. This is known as "service connection." Service connection is automatically granted for certain conditions, like Ischemic heart disease or another cardiovascular diseases that develop because of specific amputations linked to service. Veterans with other conditions such as PTSD are required to provide witness testimony or lay evidence from those who knew them during their service to establish a connection between their condition with a specific incident that occurred during their military service.

A pre-existing medical condition can be a result of service in the event that it was aggravated because of active duty, and not the natural progression of disease. It is advisable to provide the doctor with a report explaining that the deterioration of the condition was due to service, not just the natural progression of the disease.

Certain injuries and illnesses are presumed to have been caused or worsened by service. These are referred to as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans and radiation exposure among Prisoners of War, as well as other Gulf War conditions. Certain chronic diseases and tropical diseases are suspected to have been caused or aggravated from service. This includes AL amyloidosis as well as other 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 probable diseases.

Appeals

The VA has a procedure to appeal their decision to grant or deny benefits. The first step is to file a Notice of Disagreement. Your VA-accredited attorney is likely to complete this for you but if not, you can do it yourself. This form is used by the VA to let them know that you disagree with their decision and you would like a higher-level review of your case.

There are two ways to get a higher-level review that you must carefully consider. You can request a personal meeting with the Decision Review Officer at your local office. The DRO will conduct an in-person (no review of previous decisions) review and either reverse the previous decision or affirm it. You could or might not be able to submit new evidence. The other path is to request an appointment with an Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.

There are many factors to consider when choosing the most appropriate route for your appeal, and it is important to discuss these issues with your VA-accredited attorney. They will have experience in this area and will know what makes sense for your particular situation. They also understand the challenges faced by disabled veterans and can help them become more effective advocates on your behalf.

Time Limits

You can seek compensation if you have an illness that you developed or worsened in the course of serving in the military. You'll have to be patient as the VA reviews and decides on your claim. It could take up to 180 calendar days after submitting your claim before receiving an answer.

Many factors influence how long it takes the VA to make a decision on your claim. How quickly your claim will be reviewed is largely determined by the volume of evidence you submit. The location of the VA field office which will be evaluating your claim can also influence the length of time it takes.

How often you check in with the VA to check the status of your claim can affect the time it takes to complete the process. You can speed up the claim process by making sure to submit all evidence as swiftly as you can, and providing specific information regarding the medical facility you use, and providing any requested information.

You could request a higher-level review if you believe the decision you were given regarding your disability was unjust. You must submit all the facts of your case to an experienced reviewer, Veterans Disability who can determine whether there was a mistake in the original decision. However, this review cannot include any new evidence.