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How to File a Veterans Disability Claim

A veteran's disability claim is a crucial part of their benefit application. Many veterans disability lawsuits receive tax-free income when their claims are approved.

It's no secret that VA is a long way behind in processing disability claims from veterans. The process can take months or even years.

Aggravation

Veterans may be entitled to disability compensation if their condition was made more difficult by their military service. This type of claim could be physical or mental. A qualified VA lawyer can assist former service members file an aggravated disability claim. A claimant must demonstrate by proving medical evidence or independent opinions that their condition prior to service was aggravated due to active duty.

Typically, the best way to demonstrate that a pre-service issue was made worse is by obtaining an independent medical opinion from an expert doctor who is specialized in the condition of the veteran. In addition to the doctor's opinion, the veteran must also submit medical records and statements from relatives or friends who can attest to their pre-service condition.

It is vital to remember in a claim for a disability benefit for veterans disability attorneys that the conditions that are aggravated must be different from the original disability rating. A disability lawyer can assist an ex-servicemember present enough medical evidence and testimony to establish that their original condition wasn't merely aggravated due to military service but it was worse than it would have been if the aggravating factor weren't present.

In order to address this issue, VA is proposing to realign the two "aggravation" standards within its regulations 38 CFR 3.306 and 3.310. The differing language in these provisions has caused confusion and controversies during the process of claiming. Particularly, the inconsistent use of terms such as "increase in disability" and "any increase in severity" has been the source of litigation and confusion.

Conditions Associated with Service

To qualify a veteran for benefits, they have to prove that their illness or disability is connected to service. This is known as proving "service connection." Service connection is granted automatically for certain conditions, such Ischemic heart disease or another cardiovascular diseases that arise because of specific amputations that are connected to service. For other conditions, like PTSD, veterans must provide documents or evidence from people who were close to them in the military, in order to connect their condition to a specific incident that took place during their service.

A pre-existing medical condition can be a result of service if it was aggravated by active duty and not as a natural progression of disease. It is best to submit the doctor with a report explaining that the aggravation of the condition was caused by service and not the natural progression of the disease.

Certain illnesses and injuries are believed to have been caused or aggravated due to service. These are called "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 diseases and tropical diseases are thought to be resulted or aggravated by military service. These include AL amyloidosis or chloracne, other acneform diseases Porphyria Cutanea Tighta, tuberculosis, multiple sclerosis and diabetes mellitus type 2. Click here for more details about these presumptive illnesses.

Appeal

The VA has a system to appeal their decision as to whether or not to award benefits. The first step is filing a Notice Of Disagreement. If your VA-accredited lawyer does not handle this for you, then you're able to complete the process on your own. This form is used by the VA to inform them that you do not agree with their decision, and want a higher level review of your case.

There are two ways to get a higher-level review, both of which you should consider carefully. You can request a private meeting with a Decision Review Officer at your local office. The DRO will conduct a de novo review (no deference to the decision made previously) and then either reverse or confirm the earlier decision. You may be able or not to submit new proof. The other option is to request an interview with an veterans disability law firms Law Judge from the Board of Veterans' Appeals in Washington, D.C.

It is essential to discuss these issues with your VA-accredited attorney. They'll have experience in this area and will know what makes the most sense for your particular case. They also know the issues that disabled veterans face and can be more effective advocates for you.

Time Limits

You can seek compensation if you suffer from an impairment that you acquired or worsened as a result of serving in the military. However, you'll need to be patient with the process of taking a look at and deciding on your application. It could take up 180 days after your claim is submitted before you get a decision.

There are a variety of factors that affect the time the VA is able to make a decision on your claim. How quickly your application will be reviewed is largely determined by the volume of evidence you have submitted. The location of the VA field office who will review your claim will also affect how long it takes.

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

You could request a higher-level review if it is your opinion that the decision based on your disability was unjust. This means that you submit all the facts that exist in your case to a senior reviewer who can determine whether there was a mistake in the initial decision. This review does not contain any new evidence.