How to File a Veterans Disability Claim

A veteran's disability claim is an essential element of their benefit application. Many veterans earn tax-free earnings when their claims are accepted.

It's no secret that VA is way behind in the process of processing disability claims made by veterans. A decision can take months or even years.

Aggravation

Veterans may be entitled to disability compensation if their condition was made more difficult by their military service. This type of claim is known as an aggravated disability and can be either physical or mental. A VA lawyer who is certified can assist a former military member to file a claim for aggravated disabilities. A claimant has to prove, through medical evidence or an independent opinion, that their pre-service condition was made worse by active duty.

Typically, the most effective way to prove that a condition prior to service was aggravated is to obtain an independent medical opinion by a physician who specializes in the disabled veteran. In addition to a doctor's report, the veteran will also need to submit medical records and lay declarations from family or friends who can confirm the seriousness of their pre-service ailments.

In a veterans disability claim it is essential to be aware that the aggravated condition must be different 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 original condition wasn't simply aggravated by military service, but was also more severe than it would have been if the aggravating factor had not been present.

VA proposes to revise its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The different wording in these provisions has led to confusion and controversy in the process of making claims. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the cause of litigation.

Service-Connected Terms

To be eligible for benefits veterans must prove their impairment or illness was caused by service. This is referred to as "service connection." For certain conditions, like Ischemic heart disease and other cardiovascular diseases that arise because of services-connected amputations is granted automatically. Veterans with other conditions such as PTSD and PTSD, are required to provide witness testimony or lay evidence from people who were close to them during their time in service to connect their condition to a specific event that occurred during their time in the military.

A pre-existing medical condition can be service-related in the case that it was aggravated because of active duty and not as a natural progression of the disease. It is advisable to provide an official report from a doctor that explains that the aggravation of the condition was due to service and not the natural progression.

Certain ailments and injuries can be attributed to or aggravated because of treatment. They are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in prisoners of War and other Gulf War conditions. Some chronic diseases and tropical illnesses are also believed to have been aggravated or caused by military service. These include AL amyloidosis, chloracne, other acne-related disorders Porphyria Cutanea Tighta, tuberculosis, multiple sclerosis and diabetes mellitus type 2. Click here to learn more about these probable diseases.

Appeal

The VA has a procedure to appeal their decision on whether or not to award benefits. The first step is filing a Notice Of Disagreement. If your VA-accredited lawyer does not take this step for you, then you're able to complete it 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 options available for higher-level review. Both options should be carefully considered. One is to request a personal hearing with an officer from the Decision Review Office at your regional office. The DRO will conduct a de novo review (no deference to the earlier decision) and then either reverse or uphold the earlier decision. You may or not be able to present new evidence. You may also request a hearing before a Veterans Law judge at the Board of veterans disability law firm' Appeals, Washington D.C.

It is essential to discuss all of these factors with your VA-accredited attorney. They'll have experience and know what's best for your situation. They also understand the challenges that disabled veterans face and can be more effective advocates for you.

Time Limits

If you have a disability which was created or worsened during military service, you can file a claim and receive compensation. However, you'll need to be patient with the process of considering and deciding about your application. It could take up to 180 calendar days after submitting your claim before you receive an answer.

Many factors can influence how long it takes the VA to make a decision on your claim. The speed at which your application will be reviewed is largely determined by the amount of evidence you submit. The location of the VA field office who will review your claim can also influence the length of time required to review.

Another aspect that could affect the time it takes for your claim to be processed is how often you contact the VA to inquire about the progress of your claim. You can speed up the claim process by submitting all evidence as quickly as you can. You should also provide specific information about the medical care facility you use, as well as sending any requested information.

If you believe there has been a mistake in the determination of your disability, you may request a more thorough review. You must submit all the facts of your case to an experienced reviewer, who will decide whether there an error in the initial decision. But, this review will not include new evidence.