How to File a Veterans Disability Claim

The claim of a disabled veteran is a crucial part of submitting an application for benefits. Many veterans get tax-free income when their claims are accepted.

It's not a secret that VA is behind in the processing of claims for disability from veterans. It could take months, even years for a decision to be made.

Aggravation

A veteran might be able to receive disability compensation for a condition caused by their military service. This kind of claim can be either mental or physical. A VA lawyer who is certified can assist a former military member file an aggravated disabilities claim. A claimant must demonstrate, through medical evidence or independent opinions that their condition prior to service was aggravated due to active duty.

A doctor who is an expert in the veteran's disability can provide an independent medical opinion which will prove the severity of the pre-service illness. In addition to the doctor's statement the veteran must also submit medical records and veterans disability lawyer statements from family members or friends who can attest to their pre-service condition.

It is vital to remember in a claim to be disabled by a veteran that the conditions that are aggravated must be different than the original disability rating. An attorney who is a disability attorney can help the former soldier on how they can provide enough medical evidence and proof that their health condition was not merely aggravated by military service, but was worse than it would have been had it not been for the aggravating factor.

VA proposes to rewrite its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The differences in the language of these provisions has led to confusion and disagreement during the process of filing claims. The inconsistent use of phrases such as "increased disability" and "any increased severity" are the main cause of litigation.

Service-Connected Conditions

To be eligible for benefits, veterans disability Lawyer must prove the cause of their health or disability was caused by service. This is known as showing "service connection." Service connection is granted automatically for certain conditions, like ischemic heart diseases or other cardiovascular conditions that develop as a result specific amputations connected to service. For other conditions, such as PTSD veterans are required to provide witnesses or lay evidence from people who were their friends in the military, to connect their condition to a specific incident that took place during their time in service.

A preexisting medical problem could be a result of service in the event that it was aggravated by their active duty service and not by natural progression of the disease. The most effective way to prove this is by providing the doctor's opinion that the aggravation was due to service, and not the normal progression of the condition.

Certain illnesses and injuries may be attributed to or aggravated because of 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, as well as different Gulf War conditions. Some chronic diseases and tropical illnesses are assumed to have been aggravated or caused by service. These are AL amyloidosis, chloracne or other acne-related conditions such as porphyria cutanea tarda tuberculosis, multiple sclerosis and diabetes mellitus type 2. Click here for more details about these probable diseases.

Appeal

The VA has a procedure to appeal their decision to award or deny benefits. The first step is to submit a Notice of Dispute. Your VA-accredited attorney is likely to complete this for you however if not, you may file it yourself. This form is used by the VA to inform them that you are not satisfied with their decision, and would like a more thorough review of your case.

There are two routes to an upper-level review, both of which you should consider carefully. One option is to request a hearing with a Decision Review Officer at your regional office. The DRO will perform a de novo (no consideration is given to previous decisions) review and either overturn the earlier decision or confirm it. You may be able or not required to provide new proof. The other path is to request an interview with a veterans disability lawyer Law Judge from the Board of Veterans' Appeals in Washington, D.C.

It is essential to discuss these issues with your VA-accredited lawyer. They have experience and know what is best for your situation. They are also aware of the difficulties faced by disabled veterans which makes them more effective advocates for you.

Time Limits

If you have a disability that was acquired or worsened during military service, you can file a claim and receive compensation. You'll need to be patient while the VA examines and decides on your claim. You may have to wait up to 180 calendar days after filing your claim before you receive a decision.

Many factors affect how long it takes the VA to decide on your claim. The amount of evidence you submit will play a significant role in the speed at which your claim is considered. The location of the field office responsible for your claim can also influence how long it takes for the VA to review your claim.

Another factor that could affect the time required for your claim to be processed is how often you contact the VA to check on its progress. You can accelerate the process by submitting all evidence as quickly as you can. You should also provide specific information about the medical facility you use, and sending any requested details.

You can request a higher level review if it is your opinion that the decision based on your disability was incorrect. This involves submitting all existing facts in your case to an expert reviewer who can determine if there was an error in the initial decision. This review does not include any new evidence.