How to File a Veterans Disability Claim

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

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

Aggravation

Veterans could be eligible for disability compensation if their condition was caused by their military service. This kind of claim is known as an aggravated disability. It can be either physical or mental. A competent VA lawyer can assist the former soldier file an aggravated disability claim. A claimant has to prove by proving medical evidence or an independent opinion, that their pre-service condition was aggravated due to active duty.

A doctor who is an expert in the veteran's disability can provide an independent medical opinion proving the seriousness of the pre-service condition. In addition to the doctor's statement the veteran should also submit medical records and statements from family members or friends who attest to their pre-service condition.

It is crucial to remember in a claim for a disability benefit for veterans that the conditions that are aggravated must be different from the initial disability rating. An attorney for disability can guide the former soldier on how to provide sufficient medical evidence and evidence to show that their original condition was not only aggravated by military service, but actually worse than it would have been without the aggravating factor.

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

Conditions Associated with Service

To qualify a veteran for benefits, they have to prove that their condition or illness is connected to service. This is known as "service connection." Service connection is automatically granted for certain conditions, like Ischemic heart disease or another cardiovascular diseases that develop as a result specific service-connected amputations. For other conditions, like PTSD, veterans must provide lay evidence or testimony from those who knew them during the military to prove their illness to a specific incident that took place during their time in service.

A pre-existing medical condition could be a result of service when it was made worse because of active duty and not due to the natural progression of the disease. It is best to submit a doctor's report that explains that the deterioration of the condition was due to service, and not simply the natural progress of the disease.

Certain injuries and illnesses are believed to have been caused or aggravated by service. These are referred to as "presumptive illnesses." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in Prisoners of War and other Gulf War conditions. Some chronic diseases and tropical diseases are also believed to have been resulted or aggravated by military service. They include AL amyloidosis or chloracne, other acne-related disorders and porphyria cutsanea tarda tuberculosis, multiple sclerosis and diabetes mellitus type 2. For more information on these presumptive conditions, visit here.

Appeal

The VA has a system for appealing their decision to grant or deny benefits. The first step is to file an appeal called a Notice of Disagreement. The VA-accredited attorney you have chosen will complete this for you however if not, you are able to file it yourself. This form is used to inform the VA you disagree with their decision and you'd like to have a more thorough review of your case.

There are two routes to a more thorough review and both of them are options you should consider carefully. You can request a personal meeting with the Decision Review Officer at your local office. The DRO will conduct a review de novo (no deference given to the previous decision) and either reverse or affirm the decision made earlier. You could be able or not to submit new proof. The alternative is to request a hearing before an Veterans Law Judge at the Board of Veterans disability Lawyer' Appeals in Washington, D.C.

There are many factors to consider when choosing the most effective route for your appeal, and it's important to discuss these options with your attorney who is accredited by the VA. They'll have experience in this field and know the best option for your particular situation. They also understand the challenges that disabled veterans disability attorneys face, which can make them an effective advocate on your behalf.

Time Limits

You can apply for compensation if you suffer from an impairment that you acquired or worsened as a result of serving in the military. But you'll need to be patient when it comes to the process of taking a look at and deciding on the merits of your claim. It could take up 180 days after the claim has been submitted before you get an answer.

Many factors affect the time it takes for the VA to determine your claim. The amount of evidence you submit is a significant factor in how quickly your claim is reviewed. The location of the VA field office that will be reviewing your claim can also impact the length of time it takes.

The frequency you check in with the VA on the status of your claim could affect the time it takes to process your claim. You can accelerate the process by providing all evidence as fast as you can, including specific details about the medical facility you use, as well as sending any requested details.

You could request a higher-level review if it is your opinion that the decision based on your disability was incorrect. You'll need to provide all the details of your case to an experienced reviewer who will determine whether there was a mistake in the original decision. This review doesn't contain any new evidence.