How to File a Veterans Disability Claim

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

It's not a secret that the VA is a long way behind in processing disability claims from veterans. The process can take months or even years.

Aggravation

Veterans could be eligible for disability compensation in the event that their condition was aggravated due to their military service. This type of claim is called an aggravated disability. It can be either mental or physical. A qualified VA lawyer can help the former service member file an aggravated disability claim. A claimant must show, with medical evidence or independent opinions, that their medical condition prior to service was made worse due to active duty.

Typically the most effective method to prove that a pre-service condition was aggravated is to get an independent medical opinion by a physician who specializes in the condition of the veteran. In addition to a physician's declaration, the veteran will also have to submit medical records and lay declarations from family or friends who can confirm the severity of their pre-service condition.

In a claim for disability benefits for veterans it is crucial to be aware that the aggravated condition must be distinct from the initial disability rating. A disability lawyer can guide the former soldier on how to provide sufficient medical evidence and testimony to establish that their condition was not just aggravated by military service, but actually worse than it would have been had it not been for the aggravating factor.

In order to address this issue VA proposes to re-align the two "aggravation" standards contained in its regulations - 38 CFR 3.306 and 3.310. The differing language used in these regulations has led to confusion and controversies during the claims process. Specifically, the incongruent use of terms such as "increase in disability" and "any increase in severity" has led to a lot of disputes and uncertainty.

Service-Connected Terms

To qualify a veteran for benefits, they must prove that their illness or disability is related to their service. This is known as showing "service connection." For certain conditions, such as ischemic heart disease or other cardiovascular diseases that manifest due to specific Amputations that are connected to service, the service connection is granted automatically. For other conditions, like PTSD, veterans must provide lay evidence or testimony from people who were their friends in the military to prove their condition to a specific incident that took place during their time in service.

A pre-existing medical condition can be a result of service in the event that 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, not just the natural progression.

Certain ailments and injuries are believed to be caused or aggravated due to service. These are referred to as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans and radiation exposure among Prisoners of War, as well as 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 or other acne-related disorders Porphyria Cutanea Tighta, tuberculosis and multiple sclerosis and diabetes mellitus type 2. Click here to learn more about these presumptive diseases.

Appeals

The VA has a system to appeal their decision on the issue of whether or not to grant benefits. The first step is to submit a Notice of Disagreement. If your lawyer who is accredited by the VA does not handle this for you, then you're able to do it on your own. This form is used to notify the VA that you are not satisfied with their decision and that you'd like a higher-level analysis of your case.

There are two ways to get a higher-level review and both of them are options you must carefully consider. You can request a personal meeting with a Decision Review Officer at your local office. The DRO will perform a de novo (no consideration of previous decisions) review and either reverse the previous decision or affirm it. You could be able or not be required to present new evidence. Another option is to request an interview before a veterans disability lawyer Law Judge at the Board of Veterans' Appeals in Washington, D.C.

There are a variety of factors that go into choosing the most appropriate route for your appeal, so it's crucial to discuss these options with your attorney who is accredited by the VA. They'll have expertise in this area and will know what makes the most sense for your specific case. They are also aware of the difficulties faced by disabled veterans and can help them become a stronger advocate for you.

Time Limits

You may be eligible for compensation if you suffer from a disability that you acquired or worsened during your time in the military. You'll have to be patient as the VA reviews and decides on your application. It could take up 180 days after the claim has been submitted before you get a decision.

There are a variety of factors that affect the time the VA is able to make an assessment of your claim. How quickly your application will be reviewed is largely determined by the amount of evidence you have submitted. The location of the field office that handles your claim can also influence how long it takes for the VA to review your claims.

Another aspect that could affect the time required for your claim to be processed is how often you contact the VA to check on its progress. You can speed up the claim process by making sure to submit all evidence as swiftly as you can. You should also provide specific information about the medical care facility you use, as well as providing any requested details.

You may request a higher-level review if you believe that the decision based on your disability was wrong. You'll need to provide all the facts of your case to an experienced reviewer, who will decide whether there was a mistake in the original decision. But, this review will not include any new evidence.