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How to File a Veterans Disability Claim

A veteran's disability claim is a critical element of their benefit application. Many veterans disability lawyer are eligible for tax-free income after their claims are approved.

It's no secret that the VA is way behind in processing disability claims for Veterans disability lawyer. The process can take months or even years.

Aggravation

A veteran could be eligible to receive compensation for disability due to an illness that was made worse by their military service. This type of claim is known as an aggravated disability and can be either physical or mental. A skilled VA lawyer can help the former soldier make an aggravated disability claim. A claimant must prove using medical evidence or an independent opinion, that their pre-service medical condition was aggravated by active duty.

A physician who is an expert on the veteran's disability can provide an independent medical opinion which will prove the severity of the pre-service illness. In addition to the physician's statement, the veteran must also provide medical records and statements from family members or friends who attest to their pre-service condition.

It is important to note when submitting a claim for disability benefits for veterans that the aggravated conditions must be different from the initial disability rating. A disability lawyer can guide an ex-servicemember on how to provide the proper medical evidence and evidence to show that their health condition was not merely aggravated by military service, but actually worse than it would have been had it not been for the aggravating factor.

VA proposes to rewrite its two "aggravation standards" in its regulations 38 CFR 3.306 and 3.310. The difference in the wording of these provisions has led to confusion and disagreement during the process of filing claims. The inconsistent use of terms 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 prove that their illness or disability is linked to service. This is referred to as "service connection." Service connection is automatically granted for certain conditions, like ischemic heart diseases or other cardiovascular disease that develops because of specific amputations connected to service. Veterans suffering from other conditions such as PTSD, must provide the evidence of lay witnesses or from people who knew them during their time in the military to connect their condition to an specific event that occurred during their time in the military.

A pre-existing medical condition could be a result of service if it was aggravated by active duty and not as a natural progression of disease. The most effective method to prove this is by providing the doctor's opinion that the ailment was due to service and not the normal progression of the disease.

Certain ailments and injuries are believed to have been caused or aggravated by the service. They are known as "presumptive diseases." This includes 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 thought to be aggravated or caused by service. This includes AL amyloidosis and various acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis and Diabetes Mellitus Type 2. Click here for more information about these presumptive diseases.

Appeal

The VA has a system to appeal their decision to award or deny benefits. The first step is filing a Notice of Disagreement. Your VA-accredited attorney may complete this for you however, if not, you are able to file 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 ways to get a more thorough review, both of which you should take into consideration. You can request a private meeting with the Decision Review Officer at your local office. The DRO will conduct a de novo appeal (no deference given to the decision made previously) and either reverse or uphold the earlier decision. You may be required or not be required to present new evidence. You can also request a hearing before a Veterans Law judge at the Board of veterans disability law firm' Appeals, Washington D.C.

There are a variety of factors to consider when choosing the best lane for your appeal, and it's essential to discuss these with your attorney who is accredited by the VA. They will have experience and know the best option for your case. They also understand the challenges that disabled veterans face and can help them become a stronger advocate for you.

Time Limits

If you suffer from a condition that was acquired or worsened in the military, you could file a claim in order to receive compensation. It is important to be patient while the VA evaluates and makes a decision on your application. It could take up 180 days after the claim has been submitted before you get an answer.

Many factors affect the time it takes for the VA to make a decision on your claim. The speed at which your application will be evaluated is largely determined by the volume of evidence you provide. The location of the VA field office which will be reviewing your claim can also impact how long it takes.

Another aspect that could affect the time it takes for your claim to be processed is the frequency at which you contact the VA to check on its progress. You can accelerate the process of filing a claim by making sure to submit all evidence as swiftly as possible, providing specific information regarding the medical facility you use, and providing any requested details.

If you believe that there was a mistake in the decision on your disability, you can request a more thorough review. This means that you submit all the evidence in your case to a senior reviewer who can determine whether there was an error in the initial decision. This review does not include any new evidence.