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 approved receive an additional monthly income which is tax-free.

It's no secret that VA is behind in the process of processing claims for disability by veterans disability lawyer. A decision can take months or even years.

Aggravation

Veterans could be qualified for disability compensation if their condition was aggravated by their military service. This type of claim may be physical or mental. A qualified VA lawyer can help former service members make an aggravated disability claim. The claimant must prove by proving medical evidence or independent opinions, that their pre-service condition was made worse by active duty.

Typically, the best way to prove that a pre-service condition was aggravated is to get an independent medical opinion from an expert physician who is knowledgeable about the disabled veteran. In addition to the physician's statement, the veteran must also submit medical records and statements from family members or friends who attest to their pre-service condition.

It is important to note in a claim to be disabled by a veteran that the aggravated condition must be different from the initial disability rating. A disability lawyer can guide an ex-servicemember on how to provide sufficient medical evidence and testimony to prove that their original condition was not just aggravated by military service, but was worse than it would have been had it not been for the aggravating factor.

In order to address this issue, VA is proposing to align the two "aggravation" standards within its regulations - 38 CFR 3.306 and 3.310. The differing language in these regulations has led to confusion and disagreement 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.

Service-Connected Terms

To qualify for benefits, the veteran must prove that the cause of their impairment or illness was caused by service. This is known as "service connection." Service connection is automatically granted for certain conditions, like Ischemic heart disease or another cardiovascular conditions that develop as a result specific amputations linked to service. For other conditions, like PTSD, veterans must provide documents or evidence from people who were close to them in the military to prove their condition to an specific incident that took place during their service.

A pre-existing medical condition could be a result of service in the case that it was aggravated by active duty and not due to the natural progression of disease. It is advisable to provide the doctor with a report explaining that the deterioration of the condition was due to service, not just the natural progression of the disease.

Certain illnesses and injuries may be believed to be caused or aggravated by treatment. These are referred to as "presumptive diseases." This includes exposure to Agent Orange for Vietnam and Korean veterans as well as exposure to radiation for prisoner of war, and numerous Gulf War conditions. Some chronic diseases and tropical diseases are also believed to have been caused or worsened by military service. They include AL amyloidosis and chloracne as well as other acneform diseases, porphyria cutanea tarda, tuberculosis and multiple sclerosis and diabetes mellitus type 2. For more information on these presumptive diseases, click here.

Appeal

The VA has a procedure for appealing their decision to award or deny benefits. The first step is filing an appeal called a Notice of Disagreement. If your VA-accredited lawyer does not take this step 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 would like a more thorough review of your case.

There are two ways to get an upscale review, both of which you must carefully consider. One option is to request a personal hearing with the Decision Review Officer in your regional office. The DRO will conduct a de novo appeal (no deference to the previous decision) and then either reverse or affirm the decision made earlier. You may or not be able to submit new evidence. You may also request an appearance before an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It is essential to discuss these aspects with your VA-accredited lawyer. They will have experience and know what's best for Veterans Disability your situation. They also know the challenges faced by disabled veterans which makes them a better advocate for you.

Time Limits

You can claim compensation if you suffer from a disability that was acquired or worsened during your time in the military. But you'll have to be patient when it comes to the VA's process for reviewing and deciding on your application. You may have to wait up to 180 calendar days after filing your claim before you receive an answer.

There are many factors that affect the time the VA will take to reach an informed decision on your claim. The amount of evidence you provide will play a significant role in the speed at which your application is considered. The location of the field office that is responsible for your claim also influences how long it takes for the VA to review your claim.

How often you check in with the VA on the status of your claim can also affect the time it takes to process. You can speed up the process by submitting proof as soon as possible and by providing specific address information for the medical facilities you use, and submitting any requested information when it becomes available.

If you believe that there has been a mistake in the decision regarding your disability, you are able to request a higher-level review. You will need to submit all the facts of your case to an experienced reviewer, who will determine whether there an error in the initial decision. The review doesn't include any new evidence.