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 way behind in the process of processing disability claims from veterans. It can take months or even years for a decision to be made.

Aggravation

Veterans Disability Lawyer may be entitled to disability compensation if their condition was made more difficult by their military service. This kind of claim can be physical or mental. A skilled VA lawyer can assist former service members submit an aggravated claim. A claimant needs to prove, through medical evidence or independent opinions, that their condition prior to service was made worse by active duty.

A physician who is an expert on the condition of the veteran will be able to provide an independent medical opinion that will demonstrate the severity of the pre-service condition. In addition to a doctor's report the veteran will also have to submit medical records as well as lay statements from friends or family members who can testify to the severity of their pre-service condition.

It is vital to remember when submitting a claim for disability benefits for veterans that the conditions that are aggravated must be different than the original disability rating. A disability lawyer can help an ex-servicemember present enough medical evidence and testimony to show that their initial condition wasn't merely aggravated due to military service but that it was more severe than what it would have been had the aggravating factor wasn't present.

VA proposes to revise its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The differences in the language of these provisions has caused confusion and controversies regarding the claims process. Specifically, the incongruent use of terms such as "increase in disability" and "any increase in severity" has been the source of disputes and confusion.

Conditions of Service

To qualify for benefits, veterans must show that his or her health or veterans disability lawyer disability was caused by service. This is known as "service connection." For certain conditions, like ischemic heart disease or other cardiovascular diseases that manifest because of service-connected amputations, a service connection is automatically granted. veterans disability attorneys suffering from other ailments like PTSD and PTSD, are required to provide lay testimony or lay evidence from those who knew them during their service to establish a connection between their condition to an specific event that occurred during their time in the military.

A pre-existing medical condition could also be service related if it was aggravated by active duty and not just the natural progression of disease. It is best to provide the doctor with a report explaining that the aggravation of the condition was caused by service, and not simply the natural progression of the disease.

Certain ailments and injuries can be thought to be caused or aggravated by treatment. They are known as "presumptive diseases." They include exposure to Agent Orange for Vietnam and Korean veterans disability lawyers as well as exposure to radiation for Prisoners of war, and numerous Gulf War conditions. Some chronic illnesses and tropical diseases are thought to be caused or aggravated from service. This includes AL amyloidosis, as well as other acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis as well as Diabetes Mellitus Type 2. Click here for more details about these presumptive diseases.

Appeals

The VA has a procedure to appeal their decision on whether or not they will grant benefits. The first step is filing a Notice Of Disagreement. Your VA-accredited attorney will likely make this filing on your behalf however, if not, you may file it yourself. This form allows you to inform the VA that you are not satisfied with their decision and that you'd like a higher-level analysis of your case.

There are two options to request a higher level review. Both should be carefully considered. One option is to request a private hearing with a Decision Review Officer from your regional office. The DRO will conduct an in-person (no consideration is given to previous decisions) review and either overturn the earlier decision or confirm the decision. You may be able or not required to submit a new proof. The alternative is to request a hearing with a Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

It's important to discuss these aspects with your lawyer who is accredited by the VA. They're experienced in this area and will know what makes the most sense for your particular case. They are also aware of the challenges faced by disabled veterans which makes them more effective advocates on your behalf.

Time Limits

You can claim compensation if you suffer from an impairment that you acquired or worsened during your time in the military. However, you'll need to be patient with the process of considering and deciding about your claim. You could have to wait up to 180 calendar days after filing your claim to receive an answer.

There are many variables that influence how long the VA will take to reach an decision on your claim. The speed at which your application will be considered is mostly determined by the volume of evidence that you submit. The location of the field office handling your claim will also affect how long it will take for the VA to review your claims.

How often you check in with the VA on the status of your claim could also affect the time it takes to finish the process. You can accelerate the process by sending all documentation as quickly as you can, and providing specific information about the medical facility you use, as well as providing any requested information.

You may request a higher-level review if you believe that the decision based on your disability was not correct. You will need to submit all the facts regarding your case to an experienced reviewer, who will determine whether there an error in the original decision. This review does not contain any new evidence.