How to File a Veterans Disability Claim

A veteran's disability claim is an important part of his or her benefit application. Many veterans who have their claims accepted receive additional income each month that is tax free.

It's not secret that VA is behind in the process of processing claims for disability by veterans. It can take months or even years for a decision to be made.

Aggravation

Veterans may be eligible for disability compensation if their condition was caused by their military service. This kind of claim can be physical or mental. A licensed VA lawyer can help a former servicemember file an aggravated disability claim. A claimant needs to prove, through medical evidence or independent opinions, that their pre-service condition was made worse by active duty.

Typically the best way to demonstrate that a pre-service issue was made worse is by obtaining an independent medical opinion from an expert physician who is knowledgeable about the disabled veteran. In addition to the doctor's opinion, the veteran must also submit medical records and statements from relatives or friends who can attest to their pre-service condition.

It is vital to remember when submitting a claim for disability benefits for veterans that the conditions that are aggravated must be different than the original disability rating. Disability lawyers can help an ex-servicemember present enough medical evidence and testimonies to establish that their original condition wasn't merely aggravated because of military service, but was also more severe than it would have been if the aggravating factor hadn't been present.

In addressing this issue VA proposes to re-align the two "aggravation" standards within its regulations 38 CFR 3.306 and 3.310. The differing language used in these provisions has led to confusion and controversies during the process of claiming. The incongruent use phrases like "increased disability" and "any increased severity" are the main cause of litigation.

Conditions Associated with Service

To be eligible for benefits, they must show that their illness or disability is related to their service. This is referred to as proving "service connection." Service connection is automatically granted for certain conditions, like Ischemic heart disease or another cardiovascular conditions that develop due to specific service-connected amputations. For other conditions, like PTSD veterans are required to provide documents or evidence from people who were close to them in the military, to connect their condition to an specific incident that took place during their service.

A pre-existing medical issue can be a result of service if it was aggravated due to active duty service and not just the natural progression of disease. It is best to submit a doctor's report that explains that the deterioration of the condition was caused by service, and not simply the natural development of the disease.

Certain ailments and injuries can be thought to be caused or aggravated because of treatment. These are referred to as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans and radiation exposure in prisoner of war, and other Gulf War conditions. Some chronic diseases and tropical illnesses are believed to have been caused or caused by service. This includes AL amyloidosis and various acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis Tuberculosis as well as Diabetes Mellitus Type 2. For more information on these presumptive conditions, visit here.

Appeals

The VA has a procedure for appealing their decision to award or deny benefits. The first step is to file a Notice of Disagreement. If your VA-accredited lawyer will not complete this task for you, then you can complete the process on your own. This form is used by the VA to let them know that you are not satisfied with their decision, and would like a more thorough review of your case.

There are two routes to an upscale review, both of which you should take into consideration. You can request a personal meeting with a Decision Review Officer in your local office. The DRO will conduct a de novo (no review is given to prior decisions) review and either overturn the earlier decision or confirm the decision. You may be able or not be required to present new evidence. You may also request an appointment with an veterans disability law firm 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, so it's crucial to discuss these options with your attorney who is accredited by the VA. They'll have experience in this field and know the best option for your particular case. They also know the issues that disabled veterans face and can be a stronger advocate for you.

Time Limits

You may be eligible for compensation if you have a disability that was acquired or worsened during your time in the military. You'll need to wait as the VA reviews and decides on 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 affect the time the VA takes to make an decision on your claim. The amount of evidence that you submit will play a big role in the speed at which your application is considered. The location of the field office that is responsible for your claim will also affect the time it will take for the VA to review your claim.

How often you check in with the VA on the status of your claim can also affect the time it takes to process. You can help speed up the process by submitting evidence as soon as you can, being specific in your address details for the medical care facilities that you use, and submitting any requested information when it becomes available.

You may request a higher-level review if you feel that the decision based on your disability was wrong. This involves submitting all the facts that exist in your case to an experienced reviewer who will determine if there was an error in the original decision. The review doesn't include any new evidence.