How to File a Veterans Disability Claim

A veteran's disability claim is a crucial component of his or her benefit application. Many veterans receive tax-free income after their claims are approved.

It's no secret that VA is behind in the process of processing claims for disability by veterans. The decision could take months or even years.

Aggravation

Veterans could be qualified for disability compensation if their condition was aggravated by their military service. This type of claim is called an aggravated disability. It could be either physical or mental. A VA lawyer who is competent can assist an ex-military personnel make an aggravated disability claim. A claimant must demonstrate either through medical evidence or independent opinions, that their pre-service condition was aggravated due to active duty.

A doctor who is an expert in the condition of the veteran will be able to provide an independent medical opinion proving the seriousness of the pre-service condition. In addition to the doctor's opinion, the veteran must also provide medical records and lay statements from family or friends who can attest to their pre-service condition.

In a veterans disability claim it is essential to be aware that the condition being aggravated has to be distinct from the original disability rating. Disability lawyers can help a former servicemember provide enough medical evidence and testimony to prove that their previous condition wasn't merely aggravated because of military service, but was also more severe than what it would have been had the aggravating factor hadn't been present.

VA proposes to realign its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The differing language used in these regulations has led to confusion and controversies during the claims process. The inconsistent use of words such as "increased disability" and "any increased severity" have been the root of litigation.

Service-Connected Conditions

To qualify for benefits, veterans disability law firm must show that the impairment or illness was caused by service. This is referred to as "service connection." For some conditions, such as ischemic heart disease or other cardiovascular diseases that develop due to specific service-connected amputations, service connection is automatically granted. Veterans suffering from other conditions like PTSD are required to provide lay testimony or lay evidence from people who were close to them during their service to establish a connection between their condition with a specific incident that occurred during their time in the military.

A pre-existing medical problem can be a service-related issue when it was made worse due to active duty service and not as a natural progression of the disease. The most effective method to establish this is by submitting the doctor's opinion that the ailment was due to service and not the normal progression of the disease.

Certain injuries and illnesses may be attributed to or aggravated because of service. These are referred to as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans and radiation exposure among Prisoners of War, as well as other Gulf War conditions. Some chronic diseases and tropical diseases are assumed to have been aggravated or triggered by service. This includes AL amyloidosis and other acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis, and Diabetes Mellitus Type 2. For more information on these presumptive conditions, click here.

Appeals

The VA has a procedure for appeals to appeal their decision on whether or not to award benefits. The first step is to file an appeal called a Notice of Disagreement. Your VA-accredited attorney may make this filing on your behalf, but if they do not, you can do 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 an upper-level review and both of them are options you must carefully consider. You can request a personal meeting with a 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 confirm the earlier decision. You might or may not be allowed to submit new evidence. You can also request an appearance before a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

There are many factors to consider when choosing the most appropriate route for your appeal, lawyers so it is important to discuss these with your VA-accredited attorney. They're experienced in this area and will know the best option for your particular situation. They are also aware of the challenges that disabled veterans disability lawyer face which makes them a better advocate for you.

Time Limits

If you suffer from a physical or mental impairment which was created or worsened during military service, then you can file a claim and receive compensation. It is important to be patient while the VA examines and decides on your claim. It could take up 180 days after the claim has been filed before you receive an answer.

There are a variety of factors which can impact the length of time the VA will take to make an assessment of your claim. How quickly your claim will be evaluated is largely determined by the volume of evidence you have submitted. The location of the VA field office which will be reviewing your claim will also affect how long it takes.

The frequency you check in with the VA to check the status of your claim could influence the time it takes to complete the process. You can help accelerate the process by submitting proof whenever you can, being specific in your details regarding the address of the medical care facilities you utilize, and providing any requested information when it becomes available.

If you think there was an error in the decision made regarding your disability, you are able to request a higher-level review. You will need to submit all the facts of your case to an experienced reviewer, who can determine whether there an error in the initial decision. However, this review cannot contain new evidence.