How to File a Veterans Disability Claim

A veteran's disability claim is a critical part of their benefit application. Many veterans who have their claims approved receive additional income each month which is tax-free.

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

Aggravation

A veteran might be able get disability compensation in the event of a condition made worse by their military service. This type of claim may be mental or physical. A VA lawyer who is certified can assist an ex-military member make an aggravated disability claim. A claimant must demonstrate via medical evidence or independent opinions, that their pre-service condition was aggravated due to active duty.

A doctor who is an expert in the disability of the veteran can offer an independent medical opinion which will prove the severity of the condition prior to service. In addition to the doctor's report, the veteran should also submit medical records as well as lay statements from family 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 original disability rating. Disability lawyers can help an ex-servicemember present enough medical evidence and testimonies to show that their initial condition wasn't only aggravated by military service, but that it was more severe than what it would have been had the aggravating factor hadn't been present.

In addressing this issue VA proposes to re-align the two "aggravation" standards contained in its regulations 38 CFR 3.306 and 3.310. The differing wording of these provisions has created confusion and debate in the process of claiming. Specifically, the incongruent use of phrases such as "increase in disability" and "any increase in severity" has been the source of disputes and confusion.

Conditions of Service

In order for a veteran to be eligible for benefits, they must show that their condition or illness is linked to service. This is referred to as "service connection." For some ailments, like Ischemic heart disease or other cardiovascular diseases that manifest as a result of Amputations that are connected to service, the service connection is automatically granted. For other conditions, such as PTSD the veterans must present documents or evidence from those who knew them during the military, to link their illness to a specific incident that took place during their time in service.

A preexisting medical condition may also be service-related in the event that it was aggravated through active duty and not due to the natural progress of the disease. The best way to establish this is by submitting the opinion of a doctor that the ailment was due to service and not the normal progression of the disease.

Certain injuries and illnesses are believed to be caused or aggravated by service. These are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans disability law firms radiation exposure in prisoners of War and various Gulf War conditions. Some chronic diseases and tropical diseases are believed to have been caused or aggravated by service. These are AL amyloidosis and chloracne as well as other acne-related conditions and porphyria cutsanea tarda multiple sclerosis, tuberculosis, and diabetes mellitus type 2. Click here for more details regarding these presumptive diseases.

Appeal

The VA has a procedure to appeal their decision regarding whether or not to award benefits. The first step is to make a notice of disagreement. If your VA-accredited lawyer will not take this step for you, then you can complete it on your own. This form is used by the VA to let them know that you are not satisfied with their decision and would like a more thorough review of your case.

There are two routes to a higher-level review that you must carefully consider. You can request a private meeting with a Decision Review Officer in your local office. The DRO will conduct a review de novo (no deference to the earlier decision) and either reverse or confirm the earlier decision. You may be able or not to submit new proof. You may also request a hearing before a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It is crucial to discuss all of these issues with your VA-accredited attorney. They'll have experience in this field and know the best option for your specific case. They also know the issues faced by disabled veterans, which can make them a stronger advocate on your behalf.

Time Limits

If you suffer from a physical or mental impairment that was caused or aggravated during your military service, you can file a claim to receive compensation. However, you'll need patient during the VA's process for reviewing and deciding on your application. It could take up to 180 calendar days after submitting your claim before you get a decision.

Numerous factors can affect how long it takes the VA to decide on your claim. How quickly your claim will be reviewed is largely determined by the amount of evidence you provide. The location of the field office responsible for your claim will also impact the time it takes for the VA to review your claims.

How often you check in with the VA on the status of your claim can influence the time it takes to finish the process. You can speed up the process by submitting all evidence as quickly as you can. You should also provide specific details regarding the medical facility you use, and providing any requested details.

If you think there has been a mistake in the decision regarding your disability, you can request a higher-level review. You must submit all of the facts about your case to an experienced reviewer, who will decide whether there was a mistake in the initial decision. But, this review will not include new evidence.