How to File a Veterans Disability Claim

The veteran's claim for disability is a key part of the application for benefits. Many veterans who have their claims approved receive additional monthly income that is tax-free.

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

Aggravation

veterans disability law firm could be eligible for disability compensation in the event that their condition was made more difficult by their military service. This type of claim is called an aggravated impairment and can be either mental or physical. A VA lawyer who is certified can assist an ex-military person submit an aggravated disabilities claim. A claimant has to prove via medical evidence or an independent opinion, that their pre-service condition was aggravated due to active duty.

A doctor who is an expert on the veteran's disability can provide an independent medical opinion that demonstrates the severity of the pre-service illness. In addition to the doctor's statement the veteran must also provide medical records and statements from family members or friends who attest to their pre-service condition.

In a claim for a disability benefit for veterans, it is important to note that the aggravated condition must be different from the original disability rating. A disability lawyer can assist the former service member provide sufficient medical evidence and testimony to establish that their original condition wasn't merely aggravated due to military service but that it was more severe than what 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 & 3.310. The differing language in these regulations has led to confusion and controversy in the process of making claims. Specifically, the incongruent use of phrases such as "increase in disability" and "any increase in severity" has been the cause of litigation and uncertainty.

Service-Connected Terms

To qualify for benefits, a veteran must prove that the health or disability was caused by service. This is known as "service connection." Service connection is granted automatically for certain conditions, like Ischemic heart diseases or any other cardiovascular conditions that develop because of specific amputations connected to service. For other conditions, like PTSD, veterans must provide lay evidence or disability testimony from those who knew them during the military to prove their condition with a specific incident that occurred during their service.

A pre-existing medical problem can also be service related if it was aggravated by active duty and not as a natural progression of disease. It is best to provide an official report from a doctor that explains that the deterioration of the condition was due to service, not just the natural progression.

Certain injuries and illnesses may be believed to be caused or aggravated by service. These are known as "presumptive diseases." They include exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in Prisoners of War, as well as other Gulf War conditions. Certain chronic diseases and tropical illnesses are also believed to have been aggravated or triggered 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. Click here for more information about these presumptive diseases.

Appeal

The VA has a procedure to appeal their decision to award or deny benefits. The first step is to submit a Notice of Disagreement. If your VA-accredited lawyer will not do this for you, then you can do it on your own. This form is used to inform the VA you disagree with their decision and you'd like to have a more thorough review of your case.

There are two options to request higher-level review. Both options should be carefully considered. One is to request a private hearing with an officer from the Decision Review Office at your regional office. The DRO will conduct a de novo (no review of previous decisions) review and either overturn the previous decision or affirm the decision. You may or not be able to present new evidence. You can 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 in this field and know what makes the most sense for your specific case. They are also aware of the challenges that disabled veterans face which makes them an ideal advocate for you.

Time Limits

If you have a disability that was caused or aggravated during your military service, you can file a claim and receive compensation. But you'll need to be patient during the VA's process of review and deciding on your application. It could take up 180 days after your claim is filed before you receive a decision.

There are a variety of factors that affect the time the VA will take to make an decision on your claim. How quickly your claim will be evaluated is largely determined by the amount of evidence you have submitted. The location of the VA field office who will review your claim could also impact the time it takes to review your claim.

How often you check in with the VA on the status of your claim could affect the time it takes to finish the process. You can speed up the claim process by sending all documentation as quickly as you can, including specific information about the medical center you use, as well as providing any requested details.

If you think there was an error in the determination of your disability, you may request a higher-level review. You will need to submit all the details of your case to an experienced reviewer, who will determine whether there an error in the initial decision. However, this review is not able to contain new evidence.