How to File a Veterans Disability Claim

A veteran's disability claim is an important part of his or her benefit application. Many veterans who have their claims approved receive additional income each month that is tax free.

It's no secret that VA is way behind in the process of processing disability claims made by veterans. The process can take months or even years.

Aggravation

Veterans could be qualified for disability compensation if their condition was caused by their military service. This type of claim is known as an aggravated disability. It could be either physical or mental. A competent VA lawyer can assist a former servicemember make an aggravated disability claim. The claimant must demonstrate, with medical evidence or independent opinions that their pre-service medical condition was aggravated by active duty.

Typically, the most effective way to prove that a pre-service condition was made worse is by obtaining an independent medical opinion by an expert in the disabled veteran. In addition to the doctor's opinion, the veteran should also submit medical records as well as lay statements from family or friends who can attest to their pre-service condition.

In a claim for disability benefits for veterans it is crucial to keep in mind that the condition being aggravated has to be distinct from the initial disability rating. Disability lawyers can help the former service member provide sufficient medical evidence and witness to prove that their original condition wasn't merely aggravated because of military service, however, it was much worse than what it would have been had the aggravating factor had not been present.

VA proposes to revise its two "aggravation standards" in its regulations, 38 CFR 3.306 and 3.310. The difference in the wording of these provisions has led to confusion and disagreement in the claims process. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the cause of litigation.

Conditions that are associated with Service

To be eligible for benefits veterans must show that their health or disability was caused by service. This is known as showing "service connection." For some ailments, like ischemic heart disease or other cardiovascular diseases that manifest due to specific services-connected amputations is granted automatically. For other conditions, such as PTSD dumas veterans disability lawyer have to present the evidence of laypeople or people who knew them in the military to prove their condition to a specific incident that occurred during their time in service.

A pre-existing medical condition could be service-related in the case that it was aggravated due to active duty service and not as a natural progression of disease. It is recommended to present an official report from a doctor that explains that the aggravation of the condition was caused by service, and not simply the natural progression.

Certain illnesses and injuries are believed to have been caused or worsened by service. They are known as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in Prisoners of War, Vimeo as well as various Gulf War conditions. Certain chronic diseases and tropical diseases are presumed to have been caused or worsened by military service. These include AL amyloidosis, chloracne or other acne-related diseases Porphyria Cutanea Tighta, tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. Click here for more information about these presumptive diseases.

Appeal

The VA has a system to appeal their decision regarding whether or not to award benefits. The first step is to make a notice of disagreement. Your VA-accredited attorney is likely to make this filing on your behalf but if not, you can do it yourself. This form is used by the VA to let them know that you are not satisfied with their decision and would like a more thorough review of your case.

There are two options to request an additional level review. Both should be carefully considered. One option is to request a private hearing with a Decision Review Officer at your regional office. The DRO will conduct a de novo review (no deference given to the previous decision) and then either reverse or affirm the earlier decision. You may be able or not required to provide new proof. You may also request an interview with a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It is important to discuss these issues with your VA-accredited attorney. They will have experience and know the best option for your situation. They are also well-versed in the difficulties faced by disabled veterans which makes them more effective advocates for you.

Time Limits

If you suffer from a disability that was incurred or worsened during your military service, Vimeo you could file a claim in order to receive compensation. It is important to be patient while the VA evaluates and makes a decision on your claim. It may take up to 180 days after your claim is filed before you receive a decision.

Many factors influence the time it takes for VA to make a decision on your claim. The amount of evidence you submit will play a significant role in the speed at which your claim is considered. The location of the field office that is responsible for your claim will also impact how long it will take for the VA to review your claims.

The frequency you check in with the VA regarding the status of your claim can affect the length of time it takes to finish the process. You can speed up the claim process by sending all documentation as quickly as possible, providing specific information regarding the medical care facility you use, as well as providing any requested details.

You can request a higher level review if it is your opinion that the decision based on your disability was unjust. You must submit all the details of your case to an experienced reviewer, who can determine whether there an error in the original decision. However, this review can't include new evidence.