How to File a Veterans Disability Claim

The claim of disability for a veteran is an important part of the application for benefits. Many veterans who have their claims accepted receive additional monthly income which is tax-free.

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

Aggravation

veterans disability law firms could be qualified for disability compensation if their condition was caused by their military service. This kind of claim can be mental or physical. A VA lawyer who is competent can assist an ex-military member make an aggravated disability claim. The claimant must demonstrate, with medical evidence or independent opinions that their pre-service medical condition was made worse due to active duty.

Typically the most effective method to prove that a condition prior to service was aggravated is through an independent medical opinion by an expert physician who is knowledgeable about the disabled veteran. In addition to the doctor's opinion the veteran will also need to submit medical records and lay statements from family or friends who can attest to the extent of their pre-service injuries.

In a claim for disability benefits for veterans it is crucial to be aware that the condition being aggravated has to be distinct from the original disability rating. A disability attorney can advise an ex-servicemember on how to provide sufficient medical evidence and testimony to establish that their condition was not only caused through military service, but actually worse than it would have been had it not been for the aggravating factor.

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 caused confusion and controversy in the claims process. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the root of litigation.

Service-Connected Terms

To be eligible for benefits, the veteran must prove that the cause of their condition or disability was caused by service. This is known as showing "service connection." Service connection is automatically granted for certain conditions, such Ischemic heart diseases or any other cardiovascular diseases that arise due to specific amputations linked to service. Veterans with other conditions such as PTSD, must provide lay testimony or evidence from those who knew them during their service to link their condition to a specific event that occurred during their time in the military.

A pre-existing medical condition could be a result of service when it was made worse because of active duty and not as a natural progression of disease. It is best to submit an official report from a doctor that explains that the deterioration of the condition was due to service, not just the natural progress of the disease.

Certain illnesses and injuries are believed to be caused or aggravated by service. These are called "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans and radiation exposure among Prisoners of War and various Gulf War conditions. Certain chronic diseases and tropical diseases are also thought to be caused or aggravated from service. They include AL amyloidosis, chloracne, other acne-related diseases such as porphyria cutanea tarda tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. For more information about these probable conditions, click here.

Appeals

The VA has a system to appeal their decision on the issue of whether or not to grant benefits. The first step is to file a Notice Of Disagreement. Your VA-accredited attorney will likely file this on your behalf however, if not, Veterans disability law firms you can file it yourself. This form is used by the VA to let them know that you disagree with their decision and would prefer a more thorough review of your case.

There are two routes to an upscale review that you should consider carefully. One is to request a hearing with a Decision Review Officer at your regional office. The DRO will perform an in-person (no review of previous decisions) review and either reverse the earlier decision or maintain the decision. You may be required or not required to submit a new proof. You may also request an appearance before an veterans disability lawsuits Law judge at the Board of Veterans' Appeals, Washington D.C.

It is important to discuss all of these issues with your VA-accredited attorney. They will have experience and know the best option for your case. They are also aware of the challenges faced by disabled veterans and their families, which makes them more effective advocates for you.

Time Limits

You may be eligible for compensation if you suffer from an impairment that you acquired or worsened in the course of serving in the military. However, you'll need to be patient when it comes to the process of review and deciding on the merits of your claim. It could take up to 180 calendar days after filing your claim before receiving a decision.

There are many factors that can affect how long the VA will take to reach an decision on your claim. How quickly your application will be evaluated is largely determined by the volume of evidence you provide. The location of the field office that handles your claim will also impact how long it will take for the VA to review your claim.

Another factor that can affect the length of time it takes your claim to be processed is how often you contact the VA to check its progress. You can help accelerate the process by providing evidence whenever you can and being specific in your address details for the medical care facilities that you utilize, and providing any requested information as soon as it is available.

If you think there was a mistake in the decision on your disability, you can request a higher-level review. You will need to submit all the facts of your case to an experienced reviewer, who can determine whether there was a mistake in the initial decision. But, this review will not contain new evidence.