How to File a Veterans Disability Claim

The claim of a veteran for disability is a crucial part of the 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 way behind in the process of processing disability claims made by veterans disability law firms. A decision can take months or even years.

Aggravation

A veteran could be eligible to receive disability compensation for the condition that was worsened by their military service. This type of claim can be physical or mental. A VA lawyer who is competent can help a former military member to file a claim for aggravated disabilities. A claimant must demonstrate by proving medical evidence or unbiased opinions that their pre-service condition was made worse by active duty.

Typically, the best way to prove that a pre-service issue was made worse is by obtaining an independent medical opinion from an expert physician who is knowledgeable about the condition of the veteran. In addition to the physician's statement, the veteran should also submit medical records as well as lay statements from family or friends who can attest to their pre-service condition.

In a veterans disability claim it is important to remember that the aggravated condition must be distinct from the original disability rating. Disability lawyers can help the former service member provide sufficient medical evidence and testimony in order to prove that their previous condition wasn't only aggravated due to military service but was also more severe than it would have been had the aggravating factor had not been present.

VA proposes to rewrite its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The differences in the language of these provisions has led to confusion and controversies in the process of claiming. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the source of litigation.

Conditions that are associated with Service

For a veteran to qualify for benefits, they must demonstrate that their condition or illness is linked to service. This is known as "service connection." For some ailments, like ischemic heart disease or other cardiovascular diseases that develop as a result of services-connected amputations is automatically granted. Veterans suffering from other ailments such as PTSD need to provide lay testimony or evidence from those who knew them during their time in the military to connect their condition to a specific event that occurred during their military service.

A pre-existing medical condition could be a service-related issue in the event that it was aggravated because of active duty and not just the natural progression of disease. It is best to provide the doctor with a report explaining that the aggravation of the condition was caused by service, and not simply the natural progression.

Certain ailments and injuries are presumed to have been caused or aggravated due to service. They are known as "presumptive diseases." This includes exposure to Agent Orange for Vietnam and Korean veterans and radiation exposure in Prisoners of War, and other Gulf War conditions. Some chronic diseases and tropical illnesses are also assumed to have been aggravated or caused by service. This includes AL amyloidosis and other acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis Tuberculosis, and Diabetes Mellitus Type 2. For more information on these presumptive conditions, visit here.

Appeals

The VA has a procedure to appeal their decision regarding whether or not to grant benefits. The first step is filing an appeal called a Notice of Disagreement. Your VA-accredited attorney is likely to complete this for you but if not, you may file it yourself. This form is used to inform the VA you disagree with their decision and that you would like a more thorough review of your case.

There are two ways to get a higher-level review and both of them are options you should consider carefully. One option is to request a private hearing with a Decision Review Officer at your regional office. The DRO will perform a de novo (no consideration of previous decisions) review and either reverse the earlier decision or maintain it. You may be able or not required to submit a new proof. Another option is to request an appointment before an Veterans Law Judge at the Board of veterans disability lawyers' Appeals in Washington, D.C.

It is important to discuss all of these issues with your VA-accredited lawyer. They'll have experience in this area and Veterans Disability will know what makes the most sense for your particular case. They also know the issues that disabled veterans face and can be an effective advocate for you.

Time Limits

You can seek compensation if you suffer from an illness that you developed or worsened during your time in the military. But you'll need to be patient with the process of taking a look at and deciding on the merits of your claim. You could have to wait up to 180 calendar days after filing your claim before you receive a decision.

There are a variety of factors that influence how long the VA takes to make an decision on your claim. The amount of evidence you submit will play a major role in the speed at which your claim is evaluated. The location of the field office handling your claim can also influence how long it takes for the VA to review your claim.

How often you check in with the VA to see the status of your claim could affect the length of time it takes to process your claim. You can help speed up the process by submitting evidence promptly and being specific in your details regarding the address of the medical care facilities you utilize, and providing any requested information as soon as it is available.

If you believe there has been an error in the decision on your disability, you may request a higher-level review. You must submit all the details of your case to a knowledgeable reviewer, who will decide whether there was a mistake in the initial decision. This review does not include any new evidence.