How to File a Veterans Disability Claim

The veteran's claim for disability is a key component of the application process for benefits. Many veterans earn tax-free earnings after their claims are approved.

It's not a secret that VA is behind in processing veteran disability claims. It could take months, even years for a decision to be made.

Aggravation

Veterans could be eligible for disability compensation if their condition was aggravated by their military service. This type of claim is referred to as an aggravated disability. It could be either mental or physical. A skilled VA lawyer can help a former servicemember file an aggravated disability claim. A claimant has to prove by proving medical evidence or independent opinions that their pre-service medical condition was aggravated by active duty.

Typically the best way to prove that a condition prior to service was aggravated is to get an independent medical opinion from a physician who specializes in the disabled veteran. In addition to a doctor's report the veteran will also require medical records and lay assertions from friends or family members who are able to confirm the severity of their pre-service conditions.

It is important to note in a veterans disability claim that the conditions that are aggravated must be different from the initial disability rating. A disability lawyer can assist former service members provide the necessary medical evidence and testimony in order to prove that their original condition wasn't just aggravated due to military service but it was worse than 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 and 3.310. The differing wording of these provisions has led to confusion and controversies during the process of filing claims. The incongruent use phrases like "increased disability" and "any increased severity" have been the source of litigation.

Conditions that are associated with Service

In order for a veteran to be eligible for benefits, they must demonstrate that their illness or disability is linked to service. This is referred to as "service connection." For some conditions, such as Ischemic heart disease or veterans disability law Firms other cardiovascular diseases that arise due to specific service-connected amputations, service connection is automatically granted. For other conditions, such as PTSD veterans have to present documents or evidence from those who knew them during the military to prove their condition to an specific incident that occurred during their time in service.

A preexisting medical problem could be service-related if it was aggravated by their active duty service and not through natural progression of the disease. It is best to submit the doctor with a report explaining that the deterioration of the condition was due to service and not the natural development of the disease.

Certain injuries and illnesses can be thought to be caused or aggravated by service. These are referred to as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans disability law firms, radiation exposure in Prisoners of War, as well as other Gulf War conditions. Certain chronic diseases and tropical diseases are also presumed to have been resulted or aggravated by military service. These are AL amyloidosis, chloracne or other acne-related conditions, porphyria cutanea tarda, tuberculosis and multiple sclerosis and diabetes mellitus type 2. For more information on these presumptive conditions, visit here.

Appeal

The VA has a procedure to appeal their decision to award or deny benefits. The first step is to submit a Notice of Dispute. If your lawyer is certified by VA and does not complete this task for you, then you can do it yourself. This form is used by the VA to let them know that you disagree with their decision, and would like a more thorough review of your case.

There are two options for an additional level review. Both options should be considered carefully. One option is to request a private hearing with the Decision Review Officer in your regional office. The DRO will conduct a review de novo (no deference given to the decision made previously) and then either reverse or uphold the earlier decision. You might or may not be able submit new evidence. The other path is to request an interview with a Veterans Law Judge from the Board of veterans disability law firms' Appeals in Washington, D.C.

It is crucial to discuss all of these factors with your VA-accredited attorney. They're experienced and know what's best for your case. They are also familiar with the difficulties that disabled veterans face which makes them a better advocate for you.

Time Limits

If you suffer from a physical or mental impairment that was acquired or worsened during military service, you can file a claim and receive compensation. It is important to be patient as the VA evaluates and makes a decision on your claim. It could take up to 180 days after the claim has been filed before you are given a decision.

Many factors can influence the time it takes for the VA to determine your claim. The speed at which your claim will be reviewed is largely determined by the amount of evidence you submit. The location of the VA field office which will be reviewing your claim can also influence the time it takes to review your claim.

The frequency you check in with the VA to see the status of your claim could also affect the time it takes to process your claim. You can accelerate the process by submitting all evidence as quickly as you can. You should also provide specific details about the medical facility you use, as well as providing any requested information.

If you think there has been a mistake in the determination of your disability, you are able to request a higher-level review. This requires you to submit all facts that exist in your case to an experienced reviewer who will determine whether there was an error in the initial decision. This review does not contain any new evidence.