How to File a Veterans Disability Claim

A veteran's disability claim is a crucial component of his or her benefit application. Many veterans are eligible for 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

Veterans may be qualified for disability compensation if their condition was aggravated by their military service. This type of claim is called an aggravated disability and can be either physical or mental. A licensed VA lawyer can assist former service members file an aggravated disability claim. A claimant has to prove by proving medical evidence or an independent opinion, that their pre-service medical condition was aggravated due to active duty.

Typically the best way to demonstrate that a condition prior to service was aggravated is through an independent medical opinion from an expert doctor who is specialized in the veteran's disability. In addition to the doctor's report, the veteran must also provide medical records as well as the lay statements of family or friends who attest to their pre-service condition.

In a claim for disability benefits for veterans it is important to note that the aggravated condition has to differ from the original disability rating. A disability lawyer can assist former service members provide the necessary medical evidence and testimony to establish that their original condition wasn't only aggravated because of military service, however, it was much worse than what it would have been if the aggravating factor wasn't present.

In order to address this issue VA proposes to re-align the two "aggravation" standards in its regulations - 38 CFR 3.306 and 3.310. The differing language used in these provisions has caused confusion and controversy during the process of claiming. Particularly, the inconsistent use of terms like "increase in disability" and "any increase in severity" has led to a lot of litigation and confusion.

Service-Connected Conditions

To be eligible for benefits, they have to prove that their condition or illness is connected to service. This is referred to as proving "service connection." Service connection is automatically granted for certain ailments, like Ischemic heart diseases and other cardiovascular disease that develops due to specific service-connected amputations. For other conditions, like PTSD, Veterans Disability lawyer must provide documents or evidence from people who knew them in the military, to connect their illness to a specific incident that occurred during their service.

A preexisting medical condition may also be service-related when it was made worse by active duty and not caused by the natural progress of the disease. The best method to prove this is by providing the doctor's opinion that the aggravation was due to service and not just the normal progression of the disease.

Certain injuries and illnesses may be presumed to be caused or aggravated because of treatment. They are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans and radiation exposure among Prisoners of War, as well as other Gulf War conditions. Some chronic diseases and tropical diseases are presumed to have been caused or aggravated by service. This includes AL amyloidosis, as well as other acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis Tuberculosis as well as Diabetes Mellitus Type 2. Click here to learn more about these presumptive illnesses.

Appeal

The VA has a system to appeal their decision to award or deny benefits. The first step is to file an appeal called 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 to inform the VA that you are not satisfied with their decision and that 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 hearing with the Decision Review Officer in your regional office. The DRO will conduct a review de novo (no deference to the earlier decision) and either reverse or confirm the earlier decision. You may or not be able to submit new evidence. You can also request a hearing before an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

There are many aspects to consider when selecting the best route for your appeal, and it's essential to discuss these with your attorney who is accredited by the VA. They're experienced and know the best option for your case. They are also well-versed in the challenges that disabled veterans face, which makes them a better advocate for you.

Time Limits

If you have a disability that was incurred or worsened in the military, veterans disability lawyer you can file a claim and receive compensation. You'll need to be patient as the VA reviews and decides on your claim. You could have to wait up to 180 calendar days after submitting your claim before you get a decision.

There are many factors that can affect how long the VA is able to make an assessment of your claim. How quickly your application will be reviewed is largely determined by the amount of evidence you have submitted. The location of the VA field office that will be reviewing your claim can also impact how long it takes.

How often 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 accelerate the process by providing all evidence as fast as you can. You should also provide specific details regarding the medical facility you use, and sending any requested details.

You can request a more thorough review if you feel that the decision you were given regarding your disability was not correct. You will need to submit all the details of your case to an experienced reviewer, who will determine whether there was a mistake in the initial decision. However, this review cannot include any new evidence.