How to File a Veterans Disability Claim

The claim of a disabled veteran is a key component of the application process for benefits. Many Veterans disability law Firms get tax-free income when their claims are approved.

It's not secret that VA is behind in the processing of claims for disability from veterans. A decision can take months or even years.

Aggravation

Veterans 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 could be either mental or physical. A VA lawyer who is competent can assist an ex-military member make an aggravated disability claim. The claimant must demonstrate by proving medical evidence or independent opinions that their pre-service medical condition was made worse due to active duty.

Typically the best way to prove that a pre-service condition was aggravated is through an independent medical opinion by an expert physician who is knowledgeable about the disabled veteran. In addition to a physician's declaration, the veteran will also need to submit medical records and lay declarations from friends or family members who can attest to the seriousness of their pre-service ailments.

In a claim for disability benefits for veterans disability attorneys, it is important to note that the condition being aggravated has to be different from the original disability rating. A disability lawyer can assist the former service member provide sufficient medical evidence and testimony in order to establish that their original condition wasn't only aggravated by military service, however, it was much worse than what it would have been had the aggravating factor weren't present.

VA proposes to realign its two "aggravation standards" in its regulations 38 CFR 3.306 and 3.310. The differing wording of these provisions has created confusion and disagreement in the claims process. Particularly, the inconsistent use of phrases such as "increase in disability" and "any increase in severity" has been the cause of litigation and uncertainty.

Conditions that are associated with Service

To be eligible for benefits the veteran must prove that their disability or illness was caused by service. This is known as "service connection." For some conditions, such as ischemic heart disease, or other cardiovascular diseases that arise due to specific service-connected amputations, service connection is automatically granted. Veterans with other conditions such as PTSD need to provide the evidence of lay witnesses or from people who were close to them during their time in service to connect their condition to a specific incident that occurred during their military service.

A preexisting medical problem could also be service-connected when it was made worse through active duty and not by natural progression of the disease. It is best to provide the doctor with a report explaining that the deterioration of the condition was due to service, not just the natural development of the disease.

Certain injuries and illnesses can be presumed to be caused or aggravated by treatment. They are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans, radiation exposure in Prisoners of War and other Gulf War conditions. Certain chronic illnesses and tropical diseases are thought to be caused or aggravated from service. These include AL amyloidosis, chloracne, other acneform diseases, porphyria cutanea tarda, tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. Click here for more information about these presumptive diseases.

Appeals

The VA has a system to appeal their decision on whether or not to grant benefits. The first step is to file a Notice Of Disagreement. Your VA-accredited attorney is likely to file this on your behalf however, if not, you may file it yourself. This form is used by the VA to inform them that you disagree with their decision and would like a more thorough review of your case.

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

It is essential to discuss all of these factors with your lawyer who is accredited by the VA. They will have experience and know the best option for your case. They also understand the challenges faced by disabled veterans which makes them an effective advocate on your behalf.

Time Limits

You can claim compensation if you suffer from an impairment that you acquired or worsened while serving in the military. But you'll need to be patient during the process of reviewing and deciding on the merits of your claim. You could have to wait up to 180 calendar days after filing your claim before receiving a decision.

There are a variety of factors that influence how long the VA will take to make an assessment of your claim. How quickly your application will be evaluated is largely determined by the amount of evidence you submit. The location of the VA field office who will review your claim can also influence the time it takes to review your claim.

Another aspect that could affect the time it takes for your claim to be processed is how often you contact the VA to inquire about the status of your claim. You can accelerate the process of filing a claim by providing all evidence as fast as you can, including specific details regarding the medical facility you use, as well as providing any requested details.

If you believe there was an error in the determination of your disability, you are able to request a higher-level review. You'll have to submit all the details of 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.