How to File a Veterans Disability Claim

The claim of disability for a veteran is an important part of submitting an application for benefits. Many veterans disability law firms earn tax-free earnings after their claims are approved.

It's not a secret that the VA is a long way behind in the process of processing disability claims made by veterans. A decision can take months or even years.

Aggravation

Veterans may be entitled to disability compensation if their condition was made more difficult by their military service. This kind of claim is known as an aggravated disability and can be mental or physical. A VA lawyer who is competent can assist a former military member make an aggravated disability claim. The claimant must demonstrate by proving medical evidence or an independent opinion, that their medical condition prior to serving was aggravated by active duty.

A physician who is an expert in the condition of the veteran can provide an independent medical opinion that demonstrates the severity of the pre-service condition. In addition to a doctor's statement, veterans disability Law firms the veteran will also require medical records and lay declarations from family members or veterans Disability law firms friends who are able to confirm the seriousness of their pre-service ailments.

It is essential to note when submitting a claim for disability benefits for veterans that the aggravated conditions must differ from the original disability rating. A disability lawyer can assist former service members provide the necessary medical evidence and testimony to show that their initial condition wasn't only aggravated due to military service however, it was much worse than it would have been had the aggravating factor wasn't present.

In addressing this issue VA is proposing to realign the two "aggravation" standards in its regulations 38 CFR 3.306 and 3.310. The differing wording of these provisions has caused confusion and controversies during the process of filing claims. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the root of litigation.

Service-Connected Conditions

To be eligible for benefits veterans must prove the cause of their condition or disability was caused by service. This is known as showing "service connection." Service connection is granted automatically in certain circumstances, including Ischemic heart diseases and other cardiovascular conditions that develop because of specific amputations that are connected to service. For other conditions, such as PTSD the veterans must present the evidence of laypeople or people who were close to them in the military to prove their condition to an specific incident that occurred during their service.

A pre-existing medical condition can also be service related in the case that it was aggravated by active duty and not just the natural progression of the disease. The best method to prove this is by providing an opinion from a doctor that states that the aggravation was due to service and not just the normal progress of the condition.

Certain injuries and illnesses can be presumed to be caused or aggravated due to service. These are known as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in Prisoners of War, and numerous Gulf War conditions. Certain chronic illnesses and tropical diseases are also presumed to have been caused or aggravated from service. These are AL amyloidosis, chloracne or other acne-related disorders, porphyria cutanea tarda, tuberculosis, multiple sclerosis and diabetes mellitus type 2. For more information on these presumptive diseases, click here.

Appeals

The VA has a process to appeal their decision regarding whether or not to award benefits. The first step is to submit a Notice of Disagreement. Your VA-accredited attorney may complete this for you but if not, you can file it yourself. This form is used by the VA to let them know that you do not agree with their decision and would like a more thorough review of your case.

You have two options for an additional level review. Both options should be considered carefully. You can request a private meeting with a Decision Review Officer at your local office. The DRO will conduct a de novo review (no deference to the decision made previously) and either overturn or uphold the earlier decision. You could be able or not required to submit a new proof. The other path is to request an interview with a veterans disability law firms Law Judge from the Board of Veterans' Appeals in Washington, D.C.

It is important to discuss these issues with your VA-accredited lawyer. They'll have experience in this area and will know what makes the most sense for your particular case. They are also well-versed in the challenges faced by disabled veterans and can be a better advocate for you.

Time Limits

If you suffer from a condition which was created or worsened during military service, you can file a claim and receive compensation. However, you'll need patient during the VA's process for reviewing and deciding on your claim. It could take up 180 days after the claim has been submitted before you get a decision.

There are many variables that affect the time the VA takes to make an informed decision on your claim. The speed at which your claim will be evaluated is largely determined by the quantity of evidence you submit. The location of the VA field office which will be reviewing your claim could also impact the length of time required to review.

The frequency you check in with the VA to check the status of your claim could affect the length of time it takes to process your claim. You can speed up the process by making sure to submit all evidence as swiftly as you can, and providing specific details regarding the medical center you use, and providing any requested details.

You can request a higher level review if you believe the decision made on your disability was not correct. This involves submitting all relevant facts of your case to an experienced reviewer who will determine whether there was a mistake in the initial decision. But, this review will not include new evidence.