How to File a Veterans Disability Claim

The claim of a disabled veteran is an important component of the application process for benefits. Many veterans disability attorneys who have their claims accepted receive an additional monthly income that is tax-free.

It's no secret that the VA is way behind in the process of processing disability claims from veterans. It can take months or even years, for a decision to be made.

Aggravation

A veteran might be able to receive compensation for disability due to a condition made worse by their military service. This type of claim can be physical or mental. A VA lawyer who is competent can assist an ex-military personnel submit an aggravated disabilities claim. A claimant has to prove either through medical evidence or independent opinions, that their pre-service condition was made worse by active duty.

A doctor who is an expert in the condition of the veteran can provide an independent medical opinion that will demonstrate the seriousness of the pre-service condition. In addition to a physician's declaration, the veteran will also have to submit 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 to be disabled by a veteran that the conditions that are aggravated must differ from the original disability rating. Disability lawyers can help the former service member provide sufficient medical evidence and testimonies to prove that their original condition wasn't only aggravated by military service, but was also more severe than what it would have been had the aggravating factor wasn't present.

In addressing this issue VA proposes to re-align the two "aggravation" standards in its regulations 38 CFR 3.306 and 3.310. The different language of these provisions has created confusion and controversy in the process of claiming. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the cause of litigation.

Conditions Associated with Service

To be eligible for benefits, they have to prove that their illness or disability is related to their service. This is referred to as "service connection." Service connection is granted automatically for certain conditions, such Ischemic heart diseases or any other cardiovascular diseases that develop due to specific amputations linked to service. For other conditions, like PTSD veterans disability lawyers have to present the evidence of laypeople or people who were close to them in the military, to link their condition to an specific incident that took place during their time of 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 due to the natural progression of disease. The best way to establish this is by submitting the doctor's opinion that the ailment was due to service, and not the normal progression of the disease.

Certain illnesses and injuries may be attributed to or aggravated by service. These are known as "presumptive diseases." They include exposure to Agent Orange for Vietnam and Korean veterans as well as exposure to radiation for Prisoners of War, and different Gulf War conditions. Certain chronic illnesses and tropical diseases are presumed to have been caused or worsened by military service. This includes AL amyloidosis as well as other acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis Tuberculosis and diabetes Mellitus Type 2. Click here to learn more about these probable diseases.

Appeal

The VA has a system to appeal their decision to award or deny benefits. The first step is to submit a Notice of Disagreement. If your lawyer is certified by VA and does not handle this for you, then you can complete it on your own. This form is used to tell the VA you disagree with their decision and that you'd like to have a more thorough review of your case.

There are two options for a more thorough review. Both should be carefully considered. One option is to request a hearing with a Decision Review Officer from your regional office. The DRO will conduct a de novo review (no deference to the previous decision) and then either reverse or confirm the earlier decision. You might or may not be allowed to submit new evidence. The other option is to request an interview with a Veterans Law Judge at the Board of veterans disability Law firms' Appeals in Washington, D.C.

It is essential to discuss these aspects with your VA-accredited lawyer. They'll have experience and know the best option for your situation. They also know the difficulties that disabled veterans face and can be more effective advocates for you.

Time Limits

If you suffer from a disability that was acquired or worsened during your military service, you may file a claim to receive compensation. It is important to be patient as the VA reviews and decides on your claim. You may have to wait up to 180 calendar days after submitting your claim before you receive a decision.

Numerous factors can affect the time it takes for VA to decide on your claim. The speed at which your application will be reviewed is largely determined by the volume of evidence that you submit. The location of the field office responsible for your claim can also influence the time it takes for the VA to review your claim.

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 process by submitting proof as soon as you can and being specific in your information regarding the addresses of the medical facilities you utilize, and providing any requested information as soon as it's available.

If you believe there was an error in the decision regarding your disability, you may request a more thorough review. You must submit all of the facts about your case to a knowledgeable reviewer, who will decide whether there was a mistake in the original decision. This review does not contain any new evidence.