How to File a Veterans Disability Claim

The veteran's claim for disability is a crucial part of submitting an application for benefits. Many veterans receive tax-free income when their claims are approved.

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

Aggravation

A veteran might be able to receive disability compensation for a condition caused by their military service. This type of claim may be mental or physical. A licensed VA lawyer can help former service members make an aggravated disability claim. A claimant has to prove through medical evidence or an independent opinion, that their medical condition prior to serving was made worse due to active duty.

A physician who is an expert on the condition of the veteran can provide an independent medical opinion which will prove the severity of the pre-service condition. In addition to the doctor's statement the veteran is required to submit medical records as well as the lay statements of family or friends who attest to their pre-service condition.

In a veterans disability claim it is crucial to be aware that the aggravated condition must differ from the original disability rating. An attorney who is a disability attorney can help the former soldier on how to present sufficient medical evidence and evidence to show that their condition was not only aggravated through military service, but actually 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 differing wording of these provisions has led to confusion and controversy during the process of claiming. The incongruent use phrases like "increased disability" and "any increased severity" have been the source of litigation.

Service-Connected Terms

To qualify a veteran for benefits, they must demonstrate that their condition or illness is related to their service. This is known as showing "service connection." For some diseases, Veterans Disability Attorneys such as Ischemic heart disease or other cardiovascular diseases that develop due to specific Amputations that are connected to service, the service connection is granted automatically. veterans disability lawyer suffering from other conditions, like PTSD need to provide lay testimony or lay evidence from people who knew them during their service to establish a connection between their condition to a specific event that occurred during their military service.

A preexisting medical condition may also be service-related in the case that it was aggravated by active duty and not through natural progress of the disease. It is best to provide an explanation from a doctor that the deterioration of the condition was due to service, not just the natural development of the disease.

Certain injuries and illnesses are believed 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 disability lawsuits, exposure to radiation in Prisoners of war, and various Gulf War conditions. Certain chronic diseases and tropical diseases are believed to have been aggravated or caused by military service. This includes AL amyloidosis and various acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis and Diabetes Mellitus Type 2. For more details on these presumptive conditions, click here.

Appeal

The VA has a process for appealing their decision on whether or not they will grant benefits. The first step is filing a Notice Of Disagreement. Your VA-accredited attorney is likely to make this filing on your behalf however, if not, you are able to file it yourself. This form is used by the VA to let them know that you are not satisfied 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 should carefully consider. One is to request a personal hearing with a Decision Review Officer from your regional office. The DRO will conduct a de novo appeal (no deference to the earlier decision) and either overturn or affirm the earlier decision. You may be required or not required to provide new proof. The other option is to request an interview before a veterans disability attorneys - company website, Law Judge at the Board of Veterans' Appeals in Washington, D.C.

It is crucial to discuss these aspects with your VA-accredited attorney. They'll have experience and know the best option for your situation. They are also aware of the challenges that disabled veterans face and can help them become more effective advocates for you.

Time Limits

If you have a disability that was acquired or worsened during your military service, you could file a claim in order to receive compensation. You'll need to be patient as the VA examines and decides on your claim. It may take up to 180 days after your claim is filed before you get a decision.

Many factors can influence how long it takes the VA to decide on your claim. The amount of evidence you submit will play a major role in the speed at which your application is considered. The location of the field office responsible for your claim will also impact the time it takes for the VA to review your claim.

Another factor that can affect the length of time it takes your claim to be processed is the frequency at which you contact the VA to inquire about its progress. You can accelerate the process by making sure to submit all evidence as swiftly as you can, including specific information about the medical center you use, and providing any requested details.

If you believe there was an error in the determination of your disability, you may request a higher-level review. This requires you to submit all existing facts in your case to a senior reviewer who can determine whether there was a mistake in the initial decision. This review doesn't contain any new evidence.