How to File a Veterans Disability Claim

The claim of a disabled veteran is a vital part of submitting an application for benefits. Many veterans who have their claims accepted receive an additional monthly income that is tax free.

It's no secret that VA is behind in processing veteran disability claims. It can take months or even years, for a decision to be made.

Aggravation

Veterans could be qualified for disability compensation if their condition was caused by their military service. This type of claim could be physical or mental. A VA lawyer who is competent can assist a former military member submit an aggravated disabilities claim. A claimant must demonstrate by proving medical evidence or independent opinions that their condition prior to service was aggravated due to active duty.

A doctor who is an expert on the disability of the veteran can offer an independent medical opinion which will prove the seriousness of the pre-service condition. In addition to the doctor's report, the veteran should also submit medical records and statements from relatives or friends who can attest to their pre-service condition.

In a veterans disability claim, it is important to be aware that the aggravated condition has to be different from the original disability rating. Disability lawyers can help a former servicemember provide enough medical evidence and testimony to show that their initial condition wasn't simply aggravated due to military service, but was also more severe than what it would have been if 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 different language of these provisions has led to confusion and controversy in the claims process. The inconsistent use of words such as "increased disability" and "any increased severity" have been the cause of litigation.

Conditions of Service

To qualify a veteran for benefits, they have to prove that their disability or illness is connected to service. This is referred to as proving "service connection." For certain conditions, like Ischemic heart disease and other cardiovascular diseases that manifest as a result of specific services-connected amputations is automatically granted. For other conditions, like PTSD the veterans must present lay evidence or testimony from people who were close to them in the military, to link their condition to an specific incident that occurred during their time of service.

A preexisting medical issue could also be service-connected in the case that it was aggravated through active duty and not by natural progress of the disease. The most effective way to demonstrate this is to provide the opinion of a doctor veterans disability that the aggravation was due to service, and not the normal progression of the condition.

Certain illnesses and injuries may be attributed to or veterans disability aggravated by service. These are referred to as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans disability law firm radiation exposure in prisoners of War and various Gulf War conditions. Certain chronic illnesses and tropical diseases are presumed to have been caused or aggravated by service. This includes AL amyloidosis and other acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis, Tuberculosis as well as Diabetes Mellitus Type 2. For more details on these probable conditions, click here.

Appeal

The VA has a process to appeal their decision regarding whether or not to award benefits. The first step is to make a notice of disagreement. If your VA-accredited lawyer does not do this for the client, then you must complete it on your own. This form is used to notify the VA you disagree with their decision and you'd like a higher-level analysis of your case.

There are two options to request an additional level review. Both options should be considered carefully. You can request a personal meeting with a Decision Review Officer at your local office. The DRO will perform a de novo (no review is given to prior decisions) review and either overturn the earlier decision or confirm it. You might or may not be able to present new evidence. You may also request an appointment with a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It is crucial to discuss all of these issues with your VA-accredited attorney. They'll have experience in this area and will know the best option for your particular case. They are also aware of the challenges that disabled veterans face and can be more effective advocates on your behalf.

Time Limits

You may be eligible for compensation if you suffer from an illness that you developed or worsened in the course of serving in the military. But you'll need to be patient when it comes to the VA's process of considering and deciding about your claim. You could have to wait up to 180 calendar days after submitting your claim to receive an answer.

There are many variables that can affect how long the VA will take to make an decision on your claim. The amount of evidence submitted will play a significant role in how quickly your claim is evaluated. The location of the VA field office that will be reviewing your claim can also impact the length of time required to review.

How often you check in with the VA on the status of your claim can also affect the time it takes to complete the process. You can help accelerate the process by submitting your evidence whenever you can, being specific in your details regarding the address of the medical care facilities you use, and sending any requested information as soon as it's available.

You can request a more thorough review if you believe that the decision made on your disability was not correct. This involves submitting all the existing facts in your case to an expert reviewer who can determine whether there was an error in the initial decision. This review does not include any new evidence.