How to File a Veterans Disability Claim

A veteran's disability claim is an essential part of their benefit application. Many veterans disability law firms who have their claims approved receive a monthly income that is tax free.

It's no secret that VA is way behind in processing disability claims for veterans. It could take months, even years, for a decision to be made.

Aggravation

A veteran may be able to claim disability compensation for an illness that was worsened by their military service. This type of claim may be mental or physical. A licensed VA lawyer can assist the former service member submit an aggravated claim. The claimant must demonstrate, with medical evidence or independent opinions, that their pre-service medical condition was made worse through active duty.

Typically the most effective method to prove that a pre-service issue was aggravated is to get an independent medical opinion by an expert doctor who is specialized in the disability of veterans. In addition to the doctor's statement the veteran must also submit medical records and statements from family members or friends who can attest to their pre-service condition.

In a veterans disability claim it is essential to remember that the aggravated condition must be distinct from the original disability rating. An attorney who is a disability attorney can help a former servicemember on how to provide sufficient medical evidence and testimony to establish that their original condition was not just 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 contained in its regulations - 38 CFR 3.306 and 3.310. The difference in the wording of these provisions has led to confusion and controversies in the process of claiming. Particularly, the inconsistent use of terms such as "increase in disability" and "any increase in severity" has been the cause of litigation and confusion.

Conditions of Service

To be eligible for benefits, a veteran must prove that their disability or illness was caused by service. This is called showing "service connection." For some conditions, such as ischemic heart disease or other cardiovascular diseases that develop due to specific service-connected amputations, service connection is granted automatically. For other conditions, like PTSD the Veterans Disability Law Firms must present documents or evidence from people who knew them in the military, to connect their illness to a specific incident that took place during their service.

A pre-existing medical problem can also be service related when it was made worse due to active duty service and not due to the natural progression of the disease. The most effective method to demonstrate this is to provide a doctor's opinion that states that the aggravation was due to service and not the normal progression of the disease.

Certain ailments and injuries are believed to have been caused or aggravated by the service. These are referred to as "presumptive illnesses." This includes exposure to Agent Orange in Vietnam and Korea veterans, radiation exposure in Prisoners of War, and other Gulf War conditions. Certain chronic diseases and tropical diseases are believed to have been resulted or aggravated by military service. They include AL amyloidosis, chloracne, other acne-related diseases and porphyria cutsanea tarda multiple sclerosis, tuberculosis, and diabetes mellitus type 2. Click here for more information about these presumptive diseases.

Appeals

The VA has a process for appealing their decision on whether or not to award benefits. The first step is to file a Notice of Disagreement. The VA-accredited attorney you have chosen will make this filing on your behalf but if not, you may file it yourself. This form is used to tell the VA you disagree with their decision and you would like a more thorough review of your case.

There are two options for an upper-level review one of which you must carefully consider. You can request a personal meeting with an official from the Decision Review Office at your local office. The DRO will conduct an in-person (no consideration of previous decisions) review and either reverse the previous decision or affirm the decision. You may be able or not required to submit a new proof. Another option is to request an appointment before a veterans disability lawyers Law Judge from the Board of Veterans' Appeals in Washington, D.C.

It is essential to discuss all of these issues with your lawyer who is accredited by the VA. They have experience and know the best option for your case. They also understand the challenges faced by disabled veterans which makes them more effective advocates for you.

Time Limits

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

Numerous factors can affect how long it takes the VA to decide on your claim. The amount of evidence you provide will play a significant role in the speed at which your application is reviewed. The location of the VA field office which will be evaluating your claim can also impact how long it takes.

Another aspect that could affect the time it takes for your claim to be processed is the frequency at which you contact the VA to check on the status of your claim. You can speed up the process by submitting evidence as soon as possible and being specific in your details regarding the address of the medical care facilities you use, and submitting any requested information when it becomes available.

If you believe there has been an error in the decision on your disability, you are able to request a higher-level review. This involves submitting all facts that exist in your case to an expert reviewer who can determine whether there was an error in the initial decision. This review does not contain any new evidence.