How to File a Veterans Disability Claim

A veteran's disability claim is a critical part of their benefit application. Many veterans disability lawyer earn tax-free earnings after their claims are approved.

It's not secret that VA is behind in processing veteran disability claims. The process can take months or even years.

Aggravation

A veteran might be able to receive disability compensation for a condition worsened by their military service. This kind of claim is known as an aggravated disability. It could be mental or physical. A VA lawyer who is competent can help a former military member submit an aggravated disabilities claim. A claimant must demonstrate, through medical evidence or an independent opinion, that their condition prior to service was made worse by active duty.

Typically the best way to prove that a condition prior to service was made worse is by obtaining an independent medical opinion from an expert in the veteran's disability. In addition to the doctor's statement the veteran is required to submit medical records as well as 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 aggravated condition must be different from the initial disability rating. A disability attorney can advise the former soldier on how they can provide enough medical evidence and evidence to show that their original condition was not only caused by military service, but was worse than it would have been without the aggravating factor.

VA proposes to rewrite its two "aggravation standards" in its regulations, 38 CFR 3.306 and 3.310. The different wording in these regulations has led to confusion and controversies during the claims process. The inconsistent use of words such as "increased disability" and "any increased severity" have been the cause of litigation.

Service-Connected Conditions

In order for a veteran to be eligible for benefits, they must show that their illness or disability is related to their service. This is called showing "service connection." Service connection is automatically granted for certain ailments, like ischemic heart diseases or other cardiovascular diseases that develop because of specific service-connected amputations. Veterans with other conditions such as PTSD and PTSD, are required to provide lay testimony or lay evidence from people who knew them during their time in the military to connect their condition to a specific incident that occurred during their time in the military.

A pre-existing medical issue can be a result of service in the event that it was aggravated because of active duty and not due to the natural progression of the disease. It is best to submit an official report from a doctor that explains that the deterioration of the condition was caused by service, and not the natural progression.

Certain injuries and illnesses are believed to be caused or worsened by service. These are referred to as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans exposure to radiation in prisoner of war, and numerous Gulf War conditions. Certain chronic diseases and tropical illnesses are assumed to have been aggravated or veterans disability claim caused by service. These are AL amyloidosis, chloracne or other acne-related conditions, porphyria cutanea tarda, tuberculosis, multiple sclerosis and diabetes mellitus type 2. For more details on these probable conditions, click here.

Appeals

The VA has a system for appealing their decision to award or deny benefits. The first step is filing a Notice of Disagreement. Your VA-accredited attorney is likely to submit this form on your behalf however, if not, you can do it yourself. This form is used to inform the VA that you are not satisfied with their decision and you'd like a higher-level analysis of your case.

There are two paths to an upscale review that you should take into consideration. One is to request a personal hearing with the Decision Review Officer in your regional office. The DRO will conduct a de novo (no consideration of previous decisions) review and either reverse the earlier decision or confirm it. You could be able or not be required to present new evidence. You can also request a hearing before an Veterans Law judge at the Board of veterans disability legal' Appeals, Washington D.C.

It is essential to discuss all of these factors with your VA-accredited lawyer. They will have experience in this area and will know the best option for your specific case. They also know the difficulties that disabled veterans disability case face and can be more effective advocates for you.

Time Limits

If you suffer from a disability which was created or worsened during military service, you can file a claim and receive compensation. But you'll need to be patient with the VA's process for review and deciding on your claim. It could take up 180 days after your claim is submitted before you get a decision.

Many factors can influence how long it takes the VA to determine your claim. The amount of evidence that you submit will play a major role in the speed at which your claim is reviewed. The location of the VA field office which will be reviewing your claim can also impact how long it takes.

Another factor that can affect the length of time it takes your claim to be processed is how often you contact the VA to inquire about the progress of your claim. You can accelerate the process by submitting evidence whenever you can and by providing specific details regarding the address of the medical care facilities that you use, and sending any requested information as soon as it's available.

You can request a more thorough review if it is your opinion that the decision made on your disability was wrong. This requires you to submit all existing facts in your case to a senior reviewer who can determine if there was an error in the initial decision. But, this review will not include any new evidence.