How to File a Veterans Disability Claim

A veteran's disability claim is a critical element of their benefit application. Many veterans disability litigation who have their claims approved receive additional income each month that is tax free.

It's not secret that VA is behind in the processing of claims for Veterans Disability claim disability from veterans. It can take months or even years, for a decision to be made.

Aggravation

A veteran could be eligible to receive compensation for disability due to a condition worsened by their military service. This type of claim is called an aggravated disability. It could be either mental or physical. A licensed VA lawyer can help the former service member submit an aggravated claim. The claimant must prove, through medical evidence or an independent opinion, that their pre-service condition was made worse by active duty.

Typically, the best way to prove that a pre-service issue was aggravated is to get an independent medical opinion from an expert in the disabled veteran. In addition to a doctor's report in addition, the veteran will need to submit medical records and lay assertions from family or friends who can testify to the extent of their pre-service injuries.

It is vital to remember in a veterans disability claim that the condition being aggravated has to be different than the original disability rating. A disability attorney can advise the former service member on how to provide the proper medical evidence and proof that their condition was not only caused through military service, but actually worse than it would have been had it not been for the aggravating factor.

VA proposes to realign its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The differing wording of these provisions has led to confusion and controversies during 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 be eligible for benefits veterans must show that the condition or disability was caused by service. This is referred to as "service connection." Service connection is granted automatically for certain conditions, such ischemic heart diseases or other cardiovascular disease that develops because of specific amputations linked to service. For other conditions, such as PTSD veterans disability claim have to present witnesses or lay evidence from people who knew them in the military, to link their condition with a specific incident that occurred during their time of service.

A preexisting medical issue could be a result of service in the case that it was aggravated by their active duty service and not by natural progress of the disease. It is advisable to provide the doctor with a report explaining that the aggravation of the condition was due to service, and not simply the natural progression.

Certain injuries and illnesses are believed to have been caused or aggravated due to service. These are known as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans as well as exposure to radiation for Prisoners of war, and various Gulf War conditions. Some chronic diseases and tropical illnesses are also believed to have been aggravated or caused by service. This includes AL amyloidosis as well as other acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis, Tuberculosis as well as Diabetes Mellitus Type 2. For more details on these presumptive conditions, click here.

Appeal

The VA has a system for appealing their decision to award or deny benefits. The first step is to file an appeal called a Notice of Disagreement. If your VA-accredited lawyer will not complete this task for the client, then you must complete it on your own. This form is used by the VA to let them know that you are not satisfied with their decision, and would like a more thorough review of your case.

There are two ways to get an upscale review that you should consider carefully. You can request a private meeting with the Decision Review Officer at your local office. The DRO will perform a de novo (no consideration is given to previous decisions) review and either reverse the previous decision or Veterans Disability Claim affirm it. You may be able or not to submit new proof. You can also request an interview with a Veterans Law judge at the Board of veterans disability attorney' Appeals, Washington D.C.

It is essential to discuss these aspects with your lawyer who is accredited by the VA. They will have experience in this field and know what makes sense for your particular situation. They are also familiar with the challenges faced by disabled veterans which makes them more effective advocates for you.

Time Limits

You can apply for compensation if you have an illness that you developed or worsened in the course of serving in the military. You'll need to wait while the VA evaluates and makes a decision on your claim. You may have to wait up to 180 calendar days after filing your claim before you receive an answer.

Numerous factors can affect how long it takes the VA to consider your claim. The amount of evidence that you submit will play a big role in how quickly your application is evaluated. The location of the VA field office that will be reviewing your claim will also affect the length of time required to review.

The frequency you check in with the VA regarding the status of your claim can affect the time it takes to complete the process. You can speed up the process by submitting proof as soon as possible and by providing specific details regarding the address of the medical facilities you use, and sending any requested information immediately when it becomes available.

If you believe there was an error in the decision made regarding your disability, you may request a higher-level review. This requires you to submit all facts that exist in your case to an experienced reviewer who will determine whether there was an error in the initial decision. However, this review can't include any new evidence.