How to File a Veterans Disability Claim

A veteran's disability claim is a crucial component of his or her benefit application. Many veterans who have their claims accepted receive additional monthly income that is tax-free.

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

Aggravation

Veterans could be eligible for disability compensation if their condition was made more difficult by their military service. This type of claim is called an aggravated disability and can be either physical or mental. A VA lawyer who is certified can help an ex-military person to file a claim for aggravated disabilities. A claimant has to prove via medical evidence or unbiased opinions that their pre-service condition was aggravated due to active duty.

A physician who is an expert in the condition of the veteran will be able to provide an independent medical opinion which will prove the severity of the condition prior to service. In addition to the doctor's statement the veteran must also provide medical records and the lay statements of family or friends who attest to their pre-service condition.

In a veterans disability claim it is essential to note that the condition that is aggravated must be different from the original disability rating. Disability lawyers can help the former service member provide sufficient medical evidence and testimony in order to establish that their original condition wasn't simply aggravated because of military service, however, it was much worse than what it would have been if the aggravating factor wasn't present.

In addressing this issue VA is proposing to realign the two "aggravation" standards contained in its regulations 38 CFR 3.306 and 3.310. The difference in the wording of these provisions has caused confusion and controversy regarding the claims process. Particularly, the inconsistent use of terms such as "increase in disability" and "any increase in severity" has been the cause of disputes and uncertainty.

Service-Connected Terms

In order for a veteran to be eligible for benefits, they must show that their illness or disability is connected to service. This is called showing "service connection." Service connection is automatically granted for certain conditions, such Ischemic heart diseases and other cardiovascular disease that develops as a result specific service-connected amputations. For other conditions, like PTSD the veterans disability law firms must present witnesses or lay evidence from those who knew them during the military, in order to connect their condition to a specific incident that occurred during their service.

A preexisting medical condition may be a result of service if it was aggravated by active duty and not caused by the natural progress of the disease. It is best to submit a doctor's report that explains 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 have been caused or aggravated by the service. These are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in prisoners of War and various Gulf War conditions. Some chronic diseases and tropical diseases are suspected to have been caused or aggravated by service. This includes AL amyloidosis, as well as other acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis Tuberculosis, and Diabetes Mellitus Type 2. For more details on these probable conditions, click here.

Appeals

The VA has a procedure to appeal their decision to grant or deny benefits. The first step is to submit a Notice of Dispute. If your lawyer who is accredited by the VA does not handle this for you, then you're able to do it yourself. This form is used to tell the VA that you are not satisfied with their decision and you would like a more thorough review of your case.

There are two options for a more thorough review. Both options should be carefully considered. You can request a private meeting with an official from the Decision Review Office at your local office. The DRO will perform an in-person (no review is given to the previous decisions) review and either reverse the previous decision or affirm it. You may or may not be able to present new evidence. Another option is to request an interview with a Veterans Law Judge at the Board of veterans disability attorneys' Appeals in Washington, D.C.

There are many factors to consider when choosing the most effective route for your appeal, so it's essential to discuss these issues with your VA-accredited attorney. They'll have experience and will know the best route for your case. They are also aware of the challenges that disabled veterans face and can be a better 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 have to be patient as the VA reviews and decides on your claim. You may have to wait up to 180 calendar days after filing your claim before you get an answer.

Many factors influence how long it takes the VA to determine your claim. How quickly your claim will be reviewed is largely determined by the volume of evidence you submit. The location of the VA field office who will review your claim can also impact how long it takes.

Another aspect that could affect the length of time it takes your claim to be processed is the frequency at which you contact the VA to inquire about the status of your claim. You can accelerate the process of filing a claim by sending all documentation as quickly as you can, and providing specific details about the medical care facility you use, and providing any requested information.

You may request a higher-level review if it is your opinion that the decision based on your disability was wrong. This means that you submit all the facts that exist in your case to an expert reviewer who can determine whether there was an error in the original decision. This review doesn't contain any new evidence.