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How to File a Veterans Disability Claim

A veteran's disability claim is an essential element of their benefit application. Many veterans earn tax-free earnings after their claims are approved.

It's not a secret that the VA is a long way behind in the process of processing disability claims from veterans. It can take months, even years, for a final decision to be made.

Aggravation

veterans disability law firms could be entitled to disability compensation if their condition was made more difficult by their military service. This kind of claim is known as an aggravated impairment and can be either mental or physical. A VA lawyer who is qualified can help an ex-military member to file a claim for aggravated disabilities. A claimant has to prove via medical evidence or independent opinions, that their condition prior to service was made worse by active duty.

A doctor who is an expert in the disability of the veteran can offer an independent medical opinion that will demonstrate the severity of the pre-service condition. In addition to the doctor's report, the veteran must also submit medical records as well as the lay statements of family or friends who attest to their pre-service condition.

It is essential to note in a claim to be disabled by a veteran that the condition being aggravated has to be different from the initial disability rating. A disability lawyer can assist the former service member provide sufficient medical evidence and testimony to prove that their previous condition wasn't simply aggravated by military service, however, it was much worse than it would have been had the aggravating factor hadn't been present.

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 different wording in these provisions has caused confusion and controversies during the process of making claims. Particularly, the inconsistent use of phrases such as "increase in disability" and "any increase in severity" has led to a lot of disputes and confusion.

Service-Connected Terms

To be eligible for benefits a veteran must prove that the health or disability was caused by service. This is known as "service connection." For certain diseases, such as ischemic heart disease or other cardiovascular diseases that develop because of service-connected amputations, a service connection is automatically granted. Veterans suffering from other ailments, like PTSD need to provide witness testimony or lay evidence from people who were close to them during their service to establish a connection between their condition to a specific event that occurred during their military service.

A pre-existing medical problem can also be service related in the case that it was aggravated due to active duty service and not due to the natural progression of the disease. The best way to prove this is to present a doctor's opinion that states that the aggravation was due to service, and not the normal progress of the condition.

Certain ailments and injuries are presumed to have been caused or aggravated by service. They are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in Prisoners of War and various Gulf War conditions. Some chronic diseases and tropical diseases are thought to be aggravated or caused by service. This includes AL amyloidosis and various acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis, Tuberculosis and Diabetes Mellitus Type 2. For more information on these presumptive conditions, visit here.

Appeal

The VA has a system for appealing their decision to grant or deny benefits. The first step is to file a Notice of Disagreement. If your lawyer is certified by VA and does not complete this task for you, then you're able to complete the process on your own. This form allows you to inform the VA you disagree with their decision and you'd like a higher-level analysis of your case.

You have two options for a higher level review. Both should be carefully considered. You can request a personal meeting with an official from the Decision Review Office at your local office. The DRO will perform an in-person (no consideration is given to previous decisions) review and either overturn the earlier decision or maintain it. You could be able or not be required to present new evidence. The alternative is to request a hearing before an veterans disability attorneys Law Judge at the Board of Veterans' Appeals in Washington, D.C.

It is important to discuss these aspects with your VA-accredited attorney. They will have experience and will know the best route for your case. They are also aware of the difficulties faced by disabled veterans and can be an effective advocate on your behalf.

Time Limits

You may be eligible for compensation if you suffer from a disability that you acquired or worsened during your time in the military. You'll have to be patient as the VA reviews and decides on your application. It could take up to 180 calendar days after filing your claim to receive a decision.

Many factors affect the time it takes for VA to make a decision on your claim. How quickly your claim will be considered is mostly determined by the quantity of evidence you have submitted. The location of the VA field office that will be reviewing your claim will also affect how long it takes.

Another factor that can affect the time it takes for your claim to be processed is how often you contact the VA to inquire about the status of your claim. You can speed up the claim process by providing all evidence as fast as you can, and providing specific details regarding the medical care facility you use, and providing any requested information.

You can request a higher level review if you believe that the decision you were given regarding your disability was unjust. This involves submitting all the existing facts in your case to a senior reviewer who can determine whether there was a mistake in the initial decision. However, this review cannot include new evidence.