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How to File a Veterans Disability Claim

A veteran's disability claim is a critical part of their benefit application. Many veterans who have their claims accepted receive a monthly income that is tax free.

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

Aggravation

Veterans could be entitled to disability compensation if their condition was aggravated due to their military service. This type of claim is known as an aggravated disability. It can be either physical or mental. A VA lawyer who is competent can help a former military member file an aggravated disabilities claim. A claimant has to prove, with medical evidence or independent opinions that their medical condition prior to service was made worse by active duty.

A doctor who is an expert on the condition of the veteran can provide an independent medical opinion that will demonstrate the seriousness of the pre-service condition. 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 be aware that the aggravated condition has to be distinct from the original disability rating. An attorney who is a disability attorney can help the former service member on how to provide sufficient medical evidence and testimony to prove that their condition was not only caused by military service, but was worse than it would have been without the aggravating factor.

VA proposes to change its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The different language of these provisions has caused confusion and controversy during the process of filing claims. The inconsistent use of phrases such as "increased disability" and "any increased severity" are the main cause of litigation.

Service-Connected Terms

For a veteran to qualify for benefits, they must prove that their illness or disability is related to their service. This is known as "service connection." Service connection is automatically granted for certain conditions, such Ischemic heart disease or another cardiovascular conditions that develop as a result specific service-connected amputations. For other conditions, such as PTSD the veterans disability lawyers must present the evidence of laypeople or those who knew them during the military, to link their condition with a specific incident that took place during their service.

A pre-existing medical issue can be a result of service if it was aggravated due to active duty service and not as a natural progression of the disease. It is advisable to provide an explanation from a doctor that the aggravation of the condition was caused by service, and not simply the natural progress of the disease.

Certain ailments and injuries are believed to be caused or aggravated by the service. They are known as "presumptive illnesses." They include exposure to Agent Orange for Vietnam and Korean veterans and radiation exposure in Prisoners of War, as well as numerous Gulf War conditions. Some chronic diseases and tropical diseases are thought to be caused or worsened by military service. This includes AL amyloidosis, as well as other acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis Tuberculosis as well as Diabetes Mellitus Type 2. For more information about these probable conditions, click here.

Appeals

The VA has a procedure for appealing their decision on the issue of whether or not to grant benefits. The first step is to make a notice of disagreement. If your VA-accredited lawyer does not do this for you, then you can do it yourself. This form is used to inform 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 an upper-level review that you should consider carefully. One option is to request a personal hearing with an officer from the Decision Review Office at your regional office. The DRO will conduct a review de novo (no deference to the earlier decision) and either overturn or uphold the earlier decision. It is possible that you will be able not to submit new proof. You may also request an appointment with a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It is essential to discuss these issues with your lawyer who is accredited by the VA. They'll have expertise in this area and will know the best option for your particular situation. They are also familiar with the difficulties faced by disabled veterans and their families, which makes them an ideal advocate for you.

Time Limits

You may be eligible for compensation if you have an illness that you developed or worsened as a result of serving in the military. But you'll need to be patient when it comes to the process of reviewing and deciding on your application. You may have to wait up to 180 calendar days after filing your claim before you get an answer.

There are many variables which can impact the length of time the VA will take to reach an assessment of your claim. The speed at which your application will be reviewed is largely determined by the amount of evidence you submit. The location of the field office responsible for your claim will also impact the time it takes for the VA to review your claims.

Another aspect that could affect the time it takes for your claim to be processed is how often you contact the VA to check the progress of your claim. You can speed up the process by submitting all evidence as quickly as you can. You should also provide specific information about the medical care facility you use, and providing any requested information.

You could request a higher-level review if you believe the decision made on your disability was not correct. You'll have to submit all the details of your case to an experienced reviewer, who will decide whether there an error in the initial decision. This review does not include any new evidence.