How to File a Veterans Disability Claim

The claim of disability for a veteran is a vital part of the application 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 processing disability claims for veterans. The decision could take months or even years.

Aggravation

Veterans may be qualified for disability compensation if their condition was caused by their military service. This kind of claim is known as an aggravated disability. It could be mental or physical. A skilled VA lawyer can help the former service member to file an aggravated disability claim. A claimant has to prove through medical evidence or an independent opinion, that their medical condition prior to serving was aggravated by active duty.

Typically the best way to demonstrate that a condition prior to service was made worse is by obtaining an independent medical opinion from a physician who specializes in the disability of veterans. In addition to the doctor's report, the veteran is required to submit medical records and statements from relatives or friends who attest to their pre-service condition.

In a claim for disability benefits for veterans it is crucial to remember that the condition that is aggravated must be distinct from the original disability rating. A disability lawyer can guide the former service member on how to provide sufficient medical evidence and proof that their health condition was not merely aggravated through military service, but was worse than it would have been had it not been for the aggravating factor.

VA proposes to change its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The differing wording of these provisions has created confusion and disagreement during the process of filing claims. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the source of litigation.

Conditions that are associated with Service

For a veteran to qualify for benefits, they must show that their disability or illness is related to service. This is referred to as proving "service connection." Service connection is automatically granted for certain conditions, like Ischemic heart diseases and other cardiovascular disease that develops due to specific service-connected amputations. For other conditions, like PTSD veterans disability law firms - weblink, are required to provide lay evidence or testimony from people who knew them in the military to prove their illness to a specific incident that took place during their time of service.

A preexisting medical condition could also be service-connected in the case that it was aggravated by their active duty service and not due to the natural progression of the disease. It is recommended to present an explanation from a doctor that the aggravation of the condition was due to service, not just the natural development of the disease.

Certain illnesses and injuries are believed to be caused or aggravated by service. They are known as "presumptive illnesses." These include exposure to Agent Orange for Vietnam and Korean veterans and radiation exposure in Prisoners of war, and various Gulf War conditions. Some chronic diseases and tropical diseases are thought to be aggravated or caused by military service. These include AL amyloidosis, chloracne or other acne-related conditions, porphyria cutanea tarda, tuberculosis and multiple sclerosis and diabetes mellitus type 2. Click here to learn more about these presumptive illnesses.

Appeals

The VA has a system for appealing their decision on whether or not to grant benefits. The first step is to file a Notice Of Disagreement. Your VA-accredited attorney may submit this form on your behalf however if not, you can file it yourself. 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 more thorough review that you should take into consideration. You can request a personal meeting with a Decision Review Officer in your local office. The DRO will perform a de novo (no consideration is given to the previous decisions) review and either reverse the earlier decision or uphold the decision. You may be required or not required to submit a new proof. You can also request an appointment with an Veterans 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, and it's crucial to discuss these issues with your attorney who is accredited by the VA. They will have experience in this field and know what makes the most sense for your particular situation. They are also aware of the difficulties that disabled veterans disability attorney face which makes them an ideal advocate for you.

Time Limits

You can claim compensation if you have a disability that you acquired or worsened during your time in the military. You'll need to be patient as the VA reviews and decides on your application. It could take up to 180 calendar days after submitting your claim to receive an answer.

There are many factors which can impact the length of time the VA will take to reach a decision on your claim. How quickly your application will be considered is mostly determined by the amount of evidence you provide. The location of the field office that handles your claim also influences how long it will take for the VA to review your claims.

The frequency you check in with the VA on the status of your claim can also affect the time it takes to finish the process. You can help accelerate the process by submitting your evidence promptly and by providing specific information regarding the addresses of the medical care facilities you utilize, and providing any requested information as soon as it's available.

You may request a higher-level review if it is your opinion that the decision based on your disability was incorrect. You will need to submit all the details of your case to an experienced reviewer, who will determine whether there was a mistake in the original decision. This review doesn't contain any new evidence.