How to File a Veterans Disability Claim

The claim of a veteran for disability is a key component of the application process for benefits. Many veterans disability law who have their claims approved receive additional income each month that is tax free.

It's no secret that VA is behind in processing veteran disability claims. It can take months, even years, for a decision to be made.

Aggravation

Veterans may be eligible for disability compensation if their condition was caused by their military service. This type of claim can be mental or physical. A VA lawyer who is qualified can help a former military member file an aggravated disabilities claim. A claimant has to prove, through medical evidence or an independent opinion, that their condition prior to service was aggravated due to active duty.

A doctor who is an expert in the disability of the veteran can offer an independent medical opinion that will demonstrate the seriousness of the pre-service condition. In addition to a doctor's statement, the veteran will also require medical records as well as lay statements from family members or friends who can confirm the seriousness of their pre-service ailments.

In a veterans disability claim it is essential to remember that the condition being aggravated has to be distinct from the original disability rating. A disability lawyer can guide an ex-servicemember on how to provide sufficient medical evidence and testimony to establish 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 addressing this issue, VA is proposing to realign the two "aggravation" standards contained in its regulations - 38 CFR 3.306 and 3.310. The differing language used in these regulations has caused confusion and controversy in the process of claiming. Specifically, the incongruent use of terms such as "increase in disability" and "any increase in severity" is the cause of litigation and confusion.

Conditions Associated with Service

To qualify a veteran for benefits, they must prove that their disability or illness is related to their service. This is called showing "service connection." Service connection is automatically granted in certain circumstances, including Ischemic heart diseases or any other cardiovascular conditions that develop because of specific amputations that are connected to service. For other conditions, such as PTSD the veterans must present witnesses or lay evidence from people who knew them in the military, in order to connect their condition to an specific incident that took place during their time of service.

A pre-existing medical condition could be service-related in the case that it was aggravated by active duty and not as a natural progression of disease. The most effective way to demonstrate this is to provide an opinion from a doctor that states that the aggravation was due to service and not just the normal development of the condition.

Certain ailments and injuries are believed to be caused or aggravated by the service. These are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans and radiation exposure among Prisoners of War and various Gulf War conditions. Some chronic diseases and tropical diseases are presumed to have been caused or aggravated by service. These are AL amyloidosis, chloracne, other acne-related disorders such as porphyria cutanea tarda tuberculosis and multiple sclerosis and diabetes mellitus type 2. Click here to learn more regarding these presumptive diseases.

Appeals

The VA has a process to appeal their decision on whether or not they will grant benefits. The first step is to submit a Notice of Dispute. Your VA-accredited attorney is likely to complete this for you but if not, you can do it yourself. This form is used by the VA to let them know that you disagree with their decision and would prefer a more thorough review of your case.

There are two routes to an upper-level review one of which you should carefully consider. One is to request a hearing with a Decision Review Officer from your regional office. The DRO will perform a de novo (no consideration of previous decisions) review and either reverse the earlier decision or confirm the decision. You could or might not be allowed to submit new evidence. You may also request an interview with a veterans disability case Law judge at the Board of veterans disability case' Appeals, veterans disability claim Washington D.C.

It's important to discuss these issues with your VA-accredited attorney. They will have experience and know the best option for your situation. They are also aware of the challenges that disabled veterans face which makes them more effective advocates for you.

Time Limits

If you have a disability that was acquired or worsened during your military service, you could file a claim in order to receive compensation. You'll need to wait while the VA examines and decides on your application. You may have to wait up to 180 calendar days after submitting your claim before you receive a decision.

Many factors can influence the time it takes for the VA to consider your claim. The speed at which your claim will be considered is mostly determined by the quantity of evidence you have submitted. The location of the VA field office who will review your claim can also impact the length of time it takes.

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

If you believe there was an error in the decision on your disability, you may request a higher-level review. You'll have to submit all the facts of your case to a knowledgeable reviewer, who can determine whether there an error in the initial decision. This review does not contain any new evidence.