How to File a Veterans Disability Claim

The claim of a disabled veteran is a vital part of submitting an application for benefits. Many veterans earn tax-free earnings when their claims are approved.

It's not secret that VA is behind in the processing of claims for disability from veterans. It could take months, even years, for a decision to be made.

Aggravation

veterans disability lawyer could be eligible for disability compensation if their condition was aggravated due to their military service. This type of claim is known as an aggravated disability. It can be mental or physical. A VA lawyer who is certified can help a former military member make an aggravated disability claim. A claimant needs to prove either through medical evidence or an independent opinion, that their pre-service condition was aggravated due to active duty.

Typically the best way to prove that a pre-service condition was aggravated is to obtain an independent medical opinion by an expert in the condition of the veteran. In addition to a doctor's statement the veteran will also have to submit medical records and lay declarations from family members or friends who are able to confirm the extent of their pre-service injuries.

In a veterans disability claim, it is important to keep in mind that the aggravated condition must be distinct from the original disability rating. An attorney who is a disability attorney can help the former soldier on how they can provide enough medical evidence and testimony to prove that their condition was not only aggravated through military service, but was worse than it would have been had it not been for the aggravating factor.

In addressing this issue, VA is proposing to align the two "aggravation" standards in its regulations - 38 CFR 3.306 and 3.310. The difference in the wording of these provisions has created confusion and controversies during the process of filing claims. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the root of litigation.

Service-Connected Conditions

To qualify for benefits, veterans must show that the cause of their disability or illness was caused by service. This is referred to 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. For other conditions, like PTSD the veterans must present witnesses or lay evidence from people who knew them in the military, to connect their condition to an specific incident that took place during their service.

A preexisting medical issue could also be service-related if it was aggravated by active duty and not due to the natural progression of the disease. The best way to demonstrate this is to provide the opinion of a doctor that the ailment was due to service and not just the normal progress of the condition.

Certain ailments and Veterans Disability 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 radiation exposure in Prisoners of War and various Gulf War conditions. Certain chronic diseases and tropical illnesses are believed to have been caused or caused by service. This includes AL amyloidosis, as well as other acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis and Diabetes Mellitus Type 2. Click here to learn more regarding these presumptive diseases.

Appeals

The VA has a procedure for appeals for appealing their decision on whether or not to award benefits. The first step is to file an appeal called a Notice of Disagreement. If your lawyer who is accredited by the VA does 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 want a higher level review of your case.

There are two options to request a higher level review. Both should be carefully considered. One option is to request a personal hearing with a Decision Review Officer at your regional office. The DRO will conduct a de novo appeal (no deference given to the earlier decision) and then either reverse or confirm the earlier decision. You could be able or not be required to present new evidence. The other option is to request a hearing before an Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.

There are many aspects to consider when selecting the most appropriate route for your appeal, so it's essential to discuss these issues with your attorney who is accredited by the VA. They have experience and will know the best route for your case. They are also aware of the difficulties that disabled veterans face, which can make them more effective advocates for you.

Time Limits

If you suffer from a condition that was caused or aggravated in the military, you may file a claim to receive compensation. You'll need to wait as the VA examines and decides on your application. It may take up to 180 days after the claim has been filed before you are given an answer.

Many factors can influence the time it takes for VA to decide on your claim. How quickly your claim will be reviewed is largely determined by the quantity of evidence you provide. The location of the VA field office which will be reviewing your claim will also affect the time it takes to review your claim.

Another factor that can affect 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 accelerate the process by submitting all evidence as quickly as you can, and providing specific details regarding the medical care facility you use, as well as providing any requested details.

If you believe that there was an error in the decision made regarding your disability, you are able to request a more thorough review. You'll need to provide all the facts regarding your case to a knowledgeable reviewer, who will determine whether there was a mistake in the initial decision. However, this review cannot include any new evidence.