How to File a Veterans Disability Claim

The claim of disability for a veteran is a key part of submitting an application for benefits. Many veterans who have their claims approved receive additional income each month that is tax-free.

It's no secret that the VA is a long way behind in the process of processing disability claims for veterans. It can take months, even years for a determination to be made.

Aggravation

Veterans could 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 impairment and can be mental or physical. A VA lawyer who is certified can assist an ex-military person make an aggravated disability claim. The claimant must prove by proving medical evidence or unbiased opinions that their pre-service condition was aggravated due to active duty.

Typically the best way to prove that a pre-service condition was aggravated is to get an independent medical opinion from an expert physician who is knowledgeable about the disability of veterans. In addition to the doctor's opinion, the veteran should also submit medical records as well as statements from relatives or friends who attest to their pre-service condition.

In a veterans disability claim it is important to note that the condition that is aggravated must be distinct from the initial disability rating. A disability lawyer can assist former service members provide the necessary medical evidence and witness to prove that their original condition wasn't simply aggravated because of military service, however, it was much worse than it would have been had the aggravating factor weren't present.

VA proposes to rewrite its two "aggravation standards" in its regulations, 38 CFR 3.306 and 3.310. The differing language used in these regulations has led to confusion and controversies during the claims process. Specifically, the incongruent use of terms such as "increase in disability" and "any increase in severity" has been the cause of disputes and confusion.

Service-Connected Conditions

To qualify for benefits, veterans must prove their health or disability was caused by service. This is referred to as proving "service connection." For some ailments, like Ischemic heart disease or other cardiovascular diseases that develop because of Amputations that are connected to service, the service connection is automatically granted. For other conditions, like PTSD, veterans must provide the evidence of laypeople or people who knew them in the military to prove their condition with a specific incident that took place during their time in service.

A preexisting medical condition may also be service-related when it was made worse through active duty and not due to the natural progression of the disease. The best way to establish this is by submitting the opinion of a doctor that the ailment was due to service, Veterans and not the normal progress of the condition.

Certain injuries and illnesses are presumed to have been caused or aggravated by the service. These are referred to as "presumptive diseases." They include exposure to Agent Orange for Vietnam and Korean veterans and radiation exposure in Prisoners of War, and numerous Gulf War conditions. Some chronic diseases and tropical diseases are believed to have been aggravated or triggered by service. This includes AL amyloidosis as well as other acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis, Tuberculosis and diabetes Mellitus Type 2. Click here for more details about these probable diseases.

Appeal

The VA has a procedure to appeal their decision to grant or deny benefits. The first step is to file a Notice Of Disagreement. If your lawyer is certified by VA and does not do this for you, then you can complete the process on your own. This form is used by the VA to inform them that you are not satisfied with their decision, and would like a more thorough review of your case.

You have two options for an additional level review. Both should be carefully considered. You can request a private meeting with a Decision Review Officer in your local office. The DRO will perform an in-person (no review is given to prior decisions) review and either overturn the earlier decision or confirm it. You may or may not be able to present new evidence. The other option is to request an appointment before a Veterans Law Judge at the Board of veterans disability lawyers' Appeals in Washington, D.C.

There are a variety of factors to consider when choosing the best route for your appeal, and it's crucial to discuss these with your VA-accredited attorney. They'll have experience and know what is best for your situation. They are also aware of the difficulties that disabled veterans face, which can make them more effective advocates for you.

Time Limits

You can seek compensation if you suffer from a disability that you acquired or worsened in the course of serving in the military. It is important to be patient as the VA reviews and decides on your claim. You could have to wait up to 180 calendar days after submitting your claim before you receive a decision.

Many factors influence how long it takes the VA to decide on your claim. The amount of evidence submitted will play a major role in how quickly your application is evaluated. The location of the VA field office that will be reviewing your claim will also affect the length of time required to review.

How often you check in with the VA regarding the status of your claim can also affect the time it takes to process. You can help speed up the process by submitting proof promptly by being specific with your address details for the medical care facilities that you utilize, and providing any requested information as soon as it is available.

You can request a higher level review if you believe the decision made on your disability was not correct. This means that you submit all the evidence in your case to an experienced reviewer who will determine whether there was a mistake in the initial decision. However, this review can't include new evidence.