How to File a Veterans Disability Claim

The claim of a veteran for disability is an important part of the application for benefits. Many veterans get tax-free income after their claims are approved.

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

Aggravation

A veteran could be eligible to receive compensation for disability due to the condition that was worsened due to their military service. This type of claim is referred to as an aggravated disability. It could be either mental or physical. A qualified VA lawyer can help a former servicemember to file an aggravated disability claim. A claimant needs to prove by proving medical evidence or an independent opinion, that their pre-service condition was made worse by active duty.

Typically the best way to prove that a condition prior to service was made worse is by obtaining an independent medical opinion from an expert in the disability of veterans. In addition to a doctor's statement the veteran will also require medical records and lay declarations from family or friends who can confirm the seriousness of their pre-service ailments.

It is important to note when submitting a claim for disability benefits for veterans that the aggravated condition must be different than the original disability rating. A disability attorney can advise the former soldier on how to provide sufficient medical evidence and firm testimony to establish that their condition was not just aggravated through military service, but actually worse than it would have been had it not been for the aggravating factor.

In addressing this issue, VA proposes to re-align the two "aggravation" standards contained in its regulations - 38 CFR 3.306 and 3.310. The differing wording of these regulations has led to confusion and controversy in the process of making claims. Particularly, the inconsistent use of terms like "increase in disability" and "any increase in severity" has been the source of litigation and uncertainty.

Service-Connected Conditions

To be eligible for firm benefits, they have to prove that their illness or disability is connected to service. This is known as showing "service connection." For certain ailments, like Ischemic heart disease and other cardiovascular diseases that manifest due to specific Amputations that are connected to service, the service connection is automatically granted. veterans disability attorneys suffering from other ailments 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 to an specific incident that occurred during their military service.

A preexisting medical condition may also be service-related in the event that it was aggravated by active duty and not due to the natural progression of the disease. It is advisable to provide the doctor with a report explaining that the deterioration of the condition was caused by service, not just the natural development of the disease.

Certain injuries and illnesses may be presumed to be caused or aggravated due to treatment. These are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans, radiation exposure in Prisoners of War, as well as other Gulf War conditions. Some chronic diseases and tropical illnesses are believed to have been caused or caused by military service. These include AL amyloidosis or chloracne, other acne-related disorders and porphyria cutsanea tarda tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. Click here for more details about these presumptive illnesses.

Appeals

The VA has a procedure to appeal their decision to award or deny benefits. The first step is filing an appeal called a Notice of Disagreement. Your VA-accredited attorney may complete this for you however, if not, you are able to file it yourself. This form is used to notify the VA that you are not satisfied with their decision and that you would like a more thorough review of your case.

There are two options for a more thorough review, both of which you should carefully consider. One is to request a hearing with an officer from the Decision Review Office at your regional office. The DRO will conduct an de novo review (no deference to the earlier decision) and either overturn or affirm the earlier decision. You may or not be able to submit new evidence. You may also request a hearing before an Veterans Law judge at the Board of veterans disability attorney' Appeals, Washington D.C.

It is important to discuss all of these issues with your VA-accredited lawyer. They're experienced in this area and will know what makes the most sense for your specific case. They also know the issues that disabled veterans face which makes them a stronger advocate on your behalf.

Time Limits

You can seek compensation if you have an illness that you developed or worsened as a result of serving in the military. It is important to be patient as the VA evaluates and makes a decision on your application. You could have to wait up to 180 calendar days after filing your claim before you get a decision.

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

Another factor that can impact the time it takes your claim to be processed is the frequency at which you contact the VA to check the progress of your claim. You can accelerate the process by submitting all evidence as quickly as you can, including specific details about the medical center you use, and sending any requested details.

You can request a higher level review if you believe that the decision made on your disability was incorrect. This involves submitting all evidence in your case to a senior reviewer who can determine if there was an error in the initial decision. However, this review is not able to contain new evidence.