How to File a Veterans Disability Claim

The claim of a disabled veteran is a key part of the application for benefits. Many veterans who have their claims approved receive an additional 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 or even years for a decision to be made.

Aggravation

A veteran could be eligible get disability compensation in the event of an illness that was caused by their military service. This kind of claim is known as an aggravated disability and can be either physical or mental. A skilled VA lawyer can assist former service members to file an aggravated disability claim. A claimant has to prove by proving medical evidence or independent opinions, that their condition prior to service was made worse by active duty.

A physician who is an expert on the veteran's disability can provide an independent medical opinion proving the severity of the pre-service illness. In addition to a physician's declaration the veteran will also need to submit medical records and lay assertions from family or friends who can attest to the seriousness of their pre-service ailments.

In a claim for disability benefits for veterans it is important to note that the aggravated condition must differ from the original disability rating. A disability lawyer can help the former service member provide sufficient medical evidence and testimonies to prove that their previous condition wasn't simply aggravated due to military service, but it was worse than it would have been had the aggravating factor hadn't been present.

In addressing this issue VA proposes to re-align the two "aggravation" standards within its regulations - 38 CFR 3.306 and 3.310. The differing wording of these provisions has created confusion and disagreement in the claims process. Particularly, the inconsistent use of terms like "increase in disability" and "any increase in severity" has been the source of litigation and uncertainty.

Conditions of Service

In order for a veteran to be eligible for benefits, they have to prove that their condition or illness is connected to service. This is known as "service connection." For some conditions, like Ischemic heart disease and other cardiovascular diseases that arise because of services-connected amputations is granted automatically. For other conditions, such as PTSD the wayne veterans disability law firm must present witnesses or lay evidence from those who knew them during the military, to link their illness to a specific incident that occurred during their service.

A pre-existing medical condition can also be service related when it was made worse by active duty, and not the 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 the natural progress of the disease.

Certain ailments and injuries are believed to have been caused or aggravated by service. These are referred to as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans and radiation exposure among Prisoners of War, as well as other Gulf War conditions. Some chronic diseases and tropical diseases are assumed to have been aggravated or triggered by service. This includes AL amyloidosis and various acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis Tuberculosis and Diabetes Mellitus Type 2. Click here to learn more about these presumptive diseases.

Appeal

The VA has a procedure for appealing their decision to grant or deny benefits. The first step is to file a Notice Of Disagreement. If your VA-accredited lawyer does not do this for you, you are able to do it yourself. This form is used to tell the VA you disagree with their decision and you would like a more thorough review of your case.

You have two options for an additional level review. Both options should be considered carefully. One option is to request a hearing with the Decision Review Officer in your regional office. The DRO will conduct a de novo appeal (no deference given to the colony veterans disability attorney previous decision) and either reverse or confirm the earlier decision. You could be able or not be required to present new evidence. You may also request an appointment with a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It is crucial to discuss all of these issues with your VA-accredited lawyer. They will have experience and will know the best route for your case. They are also aware of the challenges that disabled veterans face and can help them become more effective advocates on your behalf.

Time Limits

You can apply for compensation if you suffer from a disability that was acquired or worsened as a result of serving in the military. You'll need to wait as the VA reviews and decides on your claim. It may take up to 180 days after your claim is filed before you are given a decision.

There are a variety of factors which can impact the length of time the VA is able to make a decision on your claim. The amount of evidence submitted will play a big role in the speed at which your application is considered. 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 length of time it takes your claim to be processed is how often you contact the VA to check on the progress of your claim. You can speed up the process by providing evidence whenever you can by being specific with your address details for the medical facilities you utilize, and providing any requested information immediately when it becomes available.

You can request a higher level review if you believe the decision you were given regarding your disability was not correct. This involves submitting all relevant facts of your case to an expert reviewer who can determine if there was an error in the initial decision. This review does not include any new evidence.