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How to File a Veterans Disability Claim

A veteran's disability claim is an essential part of his or her benefit application. Many veterans get tax-free income when their claims are accepted.

It's not a secret that VA is behind in processing veteran disability claims. It can take months or even years for a decision to be made.

Aggravation

Veterans disability Law firms may be eligible for disability compensation in the event that their condition was caused by their military service. This kind of claim can be either mental or physical. A licensed VA lawyer can assist former service members submit an aggravated claim. A claimant must demonstrate by proving medical evidence or independent opinions that their pre-service condition was aggravated due to active duty.

A doctor who is an expert on the condition of the veteran will be able to provide an independent medical opinion that will demonstrate the seriousness of the pre-service condition. In addition to the doctor's statement the veteran is required to submit medical records and statements from relatives or friends who can attest to their pre-service condition.

In a claim for a disability benefit for veterans it is important to keep in mind that the condition that is aggravated must be distinct from the initial disability rating. A disability lawyer can assist an ex-servicemember present enough medical evidence and testimony in order to prove that their original condition wasn't merely aggravated by military service, but was also more severe than it would have been had the aggravating factor wasn't present.

VA proposes to realign its two "aggravation standards" in its regulations, 38 CFR 3.306 and 3.310. The differing language in these regulations has led to confusion and controversies during the claims process. Particularly, the inconsistent use of phrases such as "increase in disability" and "any increase in severity" has been the source of disputes and uncertainty.

Conditions of Service

To qualify a veteran for benefits, they must prove that their disability or illness is related to service. This is known as showing "service connection." Service connection is automatically granted for certain conditions, like ischemic heart diseases or other cardiovascular diseases that arise because of specific amputations that are connected to service. For other conditions, like PTSD the veterans must present documents or evidence from people who knew them in the military to prove their condition to a specific incident that took place during their time of service.

A pre-existing medical issue can be service-related in the event that it was aggravated by active duty and not just the natural progression of the disease. The most effective method to demonstrate this is to provide a doctor's opinion that states that the ailment was due to service, and not the normal progression of the disease.

Certain injuries and illnesses may be attributed to or aggravated due to treatment. These are called "presumptive illnesses." This includes exposure to Agent Orange for Vietnam and Korean veterans and radiation exposure in Prisoners of war, and various Gulf War conditions. Some chronic illnesses and tropical diseases are thought to be caused or worsened by military service. These are AL amyloidosis, chloracne, other acne-related conditions Porphyria Cutanea Tighta, tuberculosis and multiple sclerosis and diabetes mellitus type 2. Click here for more details about these presumptive diseases.

Appeal

The VA has a system for appealing their decision to award or deny benefits. The first step is to submit a Notice of Disagreement. If your lawyer who is accredited by the VA does not complete this task for you, you are able to complete it on your own. This form is used by the VA to inform them that you do not agree with their decision and would prefer a more thorough review of your case.

There are two options for a higher level review. Both should be carefully considered. One option is to request a private hearing with an officer from the Decision Review Office at your regional office. The DRO will conduct a de novo review (no deference to the decision made previously) and either overturn or affirm the decision made earlier. It is possible that you will be able not required to submit a new proof. The alternative is to request an interview with an veterans disability law firm Law Judge from the Board of Veterans' Appeals in Washington, D.C.

There are many factors that go into choosing the most effective route for your appeal, and it's crucial to discuss these issues with your attorney who is accredited by the VA. They'll have expertise in this area and will know the best option for your specific case. They also know the challenges that disabled veterans face, which makes them an effective advocate for you.

Time Limits

You may be eligible for compensation if you suffer from an impairment that you acquired or worsened while serving in the military. You'll need to wait as the VA evaluates and makes a decision on your application. You may have to wait up to 180 calendar days after submitting your claim to receive a decision.

There are many variables that can affect how long the VA will take to reach an assessment of your claim. The amount of evidence submitted is a significant factor in how quickly your application is reviewed. The location of the VA field office which will be reviewing your claim could also impact the length of time it takes.

How often you check in with the VA on the status of your claim could influence the time it takes to process. You can help accelerate the process by providing evidence promptly and being specific in your information regarding the addresses of the medical facilities you use, and submitting any requested information as soon as it is available.

If you believe that there was an error in the determination of your disability, then you can request a higher-level review. This involves submitting all the relevant facts of your case to a senior reviewer who can determine whether there was an error in the initial decision. The review doesn't include any new evidence.