How to File a Veterans Disability Claim

The claim of a veteran for disability is an important component of the application process for benefits. Many veterans are eligible for tax-free income when their claims are granted.

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

Aggravation

Veterans may be eligible for disability compensation in the event that their condition was made more difficult by their military service. This type of claim may be either mental or physical. A VA lawyer who is certified can help an ex-military personnel submit an aggravated disabilities claim. A claimant must prove using medical evidence or independent opinions that their medical condition prior to serving was made worse through active duty.

A doctor who is an expert in the veteran's disability can provide an independent medical opinion proving the severity of the pre-service condition. In addition to a physician's declaration in addition, the veteran will be required to provide medical records and lay statements from friends or family members who can attest to the severity of their pre-service conditions.

It is vital to remember in a claim for a disability benefit for veterans disability law firms that the aggravated conditions must be different from the initial disability rating. A disability lawyer can help former service members provide the necessary medical evidence and witness to establish that their original condition wasn't only aggravated by military service, but that it was more severe than it would have been had the aggravating factor wasn't present.

In order to address this issue, VA is proposing to align the two "aggravation" standards contained in its regulations - 38 CFR 3.306 and 3.310. The differing wording of these provisions has caused confusion and disagreement during the process of filing claims. The incongruent use phrases like "increased disability" and "any increased severity" have been the root of litigation.

Service-Connected Conditions

In order for a veteran to be eligible for benefits, they have to prove that their condition or illness is connected to service. This is referred to as "service connection." Service connection is granted automatically for certain ailments, like Ischemic heart disease or another cardiovascular diseases that develop because of specific amputations connected to service. For other conditions, such as PTSD veterans are required to provide documents or evidence from people who were their friends in the military to prove their illness to a specific incident that occurred during their time of service.

A pre-existing medical condition can also be service related in the event that it was aggravated due to active duty service and not just the natural progression of the disease. The best method to prove this is to present an opinion from a doctor that states that the aggravation was due to service and not the normal development of the condition.

Certain ailments and injuries are believed to be caused or aggravated by service. They are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in prisoners of War, as well as other Gulf War conditions. Certain chronic illnesses and tropical diseases are also thought to be caused or worsened by military service. They include AL amyloidosis and chloracne as well as other acneform diseases, porphyria cutanea tarda, multiple sclerosis, tuberculosis, and diabetes mellitus type 2. For more information on these presumptive conditions, click here.

Appeal

The VA has a system to appeal their decision to grant or deny benefits. The first step is to submit a Notice of Disagreement. The VA-accredited attorney you have chosen will complete this for you however if not, you can do it yourself. This form is used to inform the VA you disagree with their decision and 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 considered carefully. You can request a private meeting with a Decision Review Officer at your local office. The DRO will perform a de novo (no consideration is given to the previous decisions) review and either reverse the previous decision or affirm it. You might or may not be able to submit new evidence. The alternative is to request a hearing with an Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

There are many factors that go into choosing the most appropriate route for your appeal, Veterans disability lawyer so it's crucial to discuss these issues with your attorney who is accredited by the VA. They're experienced and know the best option for your case. They also know the challenges faced by disabled veterans Disability lawyer, which makes them a better advocate for you.

Time Limits

If you have a disability which was created or worsened during your military service, you could file a claim in order to receive compensation. But you'll need to be patient during the VA's process of considering and deciding about the merits of your claim. It could take up 180 days after your claim is submitted before you get a decision.

There are a variety of factors which can impact the length of time the VA will take to make an informed decision on your claim. The amount of evidence you provide will play a significant role in how quickly your application is considered. The location of the VA field office that will be reviewing your claim will also affect the length of time required to review.

Another factor that can impact the time it takes your claim to be processed is the frequency at which you contact the VA to inquire about the status of your claim. You can speed up the process by submitting your evidence as soon as possible by being specific with your details regarding the address of the medical care facilities you use, and sending any requested information when it becomes available.

If you think there was an error in the decision on your disability, you are able to request a more thorough review. This involves submitting all the existing facts in your case to an experienced reviewer who will determine whether there was an error in the initial decision. The review doesn't include any new evidence.