How to File a Veterans Disability Claim

The veteran's claim for disability is a crucial element of the application for benefits. Many veterans earn tax-free earnings when their claims are approved.

It's not secret that VA is behind in processing disability claims of veterans. The process can take months or even years.

Aggravation

Veterans may be qualified for disability compensation if their condition was caused by their military service. This type of claim is known as an aggravated disability and can be mental or physical. A licensed VA lawyer can assist former service members to file an aggravated disability claim. A claimant must prove through medical evidence or independent opinions, that their medical condition prior to service was made worse through active duty.

A doctor who is an expert on the condition of the veteran can provide an independent medical opinion proving the severity of the condition prior to service. In addition to a physician's declaration, the veteran will also require medical records and lay declarations from family members or friends who can attest to the severity of their pre-service conditions.

In a claim for a disability benefit for veterans it is important to keep in mind that the condition being aggravated has to be different from the original disability rating. Disability lawyers can help former service members provide the necessary medical evidence and testimony in order to prove that their previous condition wasn't just aggravated due to military service, however, it was much worse than it would have been had the aggravating factor weren't present.

In addressing this issue, VA proposes to re-align the two "aggravation" standards within its regulations 38 CFR 3.306 and 3.310. The differing language used in these provisions has led to confusion and controversies during the process of claiming. The incongruent use phrases like "increased disability" and "any increased severity" are the main cause of litigation.

Service-Connected Terms

To be eligible for benefits, the veteran must prove that his or her disability or illness was caused by service. This is known as showing "service connection." Service connection is automatically granted for certain conditions, such ischemic heart diseases or other cardiovascular diseases that arise as a result specific amputations that are connected to service. Veterans suffering from other ailments like PTSD and PTSD, are required to provide lay testimony or lay evidence from those who were their friends during their time in the military to connect their condition with a specific incident that occurred during their military service.

A preexisting medical condition may be a result of service if it was aggravated by their active duty service and not through natural progression of the disease. The best way to demonstrate this is to provide a doctor's opinion that states that the ailment was due to service and not just the normal progression of the disease.

Certain ailments and injuries can be believed to be caused or aggravated because of service. These are known as "presumptive diseases." These include exposure to Agent Orange for ver.searchlink.org Vietnam and Korean veterans exposure to radiation in prisoner of war, and various Gulf War conditions. Certain chronic diseases and tropical diseases are suspected to have been caused or worsened by military service. This includes AL amyloidosis as well as other acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis Tuberculosis and Diabetes Mellitus Type 2. Click here to learn more about these probable diseases.

Appeal

The VA has a system to appeal their decision as to whether or not to grant benefits. The first step is to submit a Notice of Dispute. Your VA-accredited attorney may complete this for you however if not, you can file it yourself. This form is used to inform the VA you disagree with their decision and that you'd like to have a more thorough review of your case.

There are two options for an upper-level review, both of which you should take into consideration. You can request a private meeting with a Decision Review Officer in your local office. The DRO will conduct an in-person (no consideration is given to the previous decisions) review and either reverse the earlier decision or confirm the decision. You may be able or not to submit new proof. You may also request a hearing before an veterans disability lawsuits Law judge at the Board of Veterans' Appeals, Washington D.C.

There are a variety of factors to consider when choosing the most appropriate route for your appeal, so it's essential to discuss these issues with your VA-accredited attorney. They have experience and know what's best for your situation. They are also aware of the difficulties faced by disabled veterans and can help them become a stronger advocate on your behalf.

Time Limits

You can claim compensation if you have a disability that was acquired or worsened in the course of serving in the military. You'll need to wait while the VA examines and decides on your claim. It could take up to 180 days after your claim is filed before you get a decision.

Many factors affect how long it takes the VA to consider your claim. The amount of evidence that you submit will play a big role in the speed at which your application is considered. The location of the field office that handles your claim will also impact how long it will take for the VA to review your claims.

The frequency you check in with the VA regarding the status of your claim could affect the time it takes to finish the process. You can accelerate the process by making sure to submit all evidence as swiftly as you can, and providing specific information regarding the medical care facility you use, as well as sending any requested information.

You can request a more thorough review if you believe the decision you were given regarding your disability was incorrect. You'll need to provide all the facts regarding your case to a knowledgeable reviewer who will determine whether there an error in the original decision. However, this review cannot include any new evidence.