How to File a Veterans Disability Claim

The claim of a disabled veteran is a vital component of the application process for benefits. Many Veterans Disability Law Firms who have their claims accepted receive an additional monthly income that is tax free.

It's no secret that the VA is a long way behind in processing disability claims from veterans. The decision could take months or even years.

Aggravation

A veteran may be able to claim disability compensation for a condition that was made worse by their military service. This type of claim is known as an aggravated impairment and can be either mental or physical. A VA lawyer who is certified can assist a former military member make an aggravated disability claim. A claimant must show using medical evidence or independent opinions, that their pre-service medical condition was made worse 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 which will prove the severity of the pre-service condition. In addition to a physician's declaration the veteran will be required to provide medical records and lay declarations from friends or family members who can confirm the seriousness of their pre-service ailments.

It is crucial to remember in a claim for a disability benefit for veterans 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 to provide the proper medical evidence and testimony to establish that their condition was not only caused by military service, but was worse than it would have been without the aggravating factor.

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 wording of these provisions has caused confusion and disagreement during the process of filing claims. The inconsistent use of words such as "increased disability" and "any increased severity" are the main cause of litigation.

Service-Connected Conditions

To be eligible for benefits, veterans disability law firms must show that the cause of their health or disability was caused by service. This is known as "service connection." For certain conditions, such as ischemic heart disease or other cardiovascular diseases that develop due to specific Amputations that are connected to service, the service connection is automatically granted. For other conditions, such as PTSD, veterans must provide lay evidence or testimony from people who were close to them in the military, to link their illness to a specific incident that occurred during their time in service.

A pre-existing medical issue can also be service related if it was aggravated by active duty, and not the natural progression of disease. The best method to prove this is by providing a doctor's opinion that states that the aggravation was due to service, and not the normal development of the condition.

Certain injuries and illnesses can be thought to be caused or aggravated due to service. These are called "presumptive illnesses." They include exposure to Agent Orange for Vietnam and Korean veterans exposure to radiation in prisoner of war, and various Gulf War conditions. Some chronic diseases and tropical diseases are believed to have been aggravated or triggered by service. This includes AL amyloidosis, as well as other acne-related illnesses, veterans Disability Law firms such as Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis as well as Diabetes Mellitus Type 2. For more information on these presumptive conditions, visit here.

Appeal

The VA has a procedure to appeal their decision to grant or deny benefits. The first step is filing a Notice of Disagreement. If your VA-accredited lawyer does not do this for the client, then you must do it yourself. This form is used to tell 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 routes to an upper-level review one of which you should carefully consider. One option is to request a private hearing with the Decision Review Officer in your regional office. The DRO will conduct a de novo appeal (no deference to the previous decision) and then either reverse or uphold the earlier decision. You might or may not be able to submit new evidence. Another option is to request an interview with an Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

There are a variety of factors that go into choosing the best route for your appeal, and it's essential to discuss these with your VA-accredited attorney. They have experience and will know the best route for your situation. They are also aware of the difficulties that disabled veterans face and can be an ideal advocate for you.

Time Limits

If you suffer from a disability that was caused or aggravated during military service, you may file a claim to receive compensation. You'll need to be patient while the VA examines and decides on your claim. You could have to wait up to 180 calendar days after filing your claim before receiving an answer.

There are a variety of factors that can affect how long the VA is able to make an informed decision on your claim. The amount of evidence you submit is a significant factor in the speed at which your claim is evaluated. The location of the field office that is responsible for your claim will also impact how long it takes for the VA to review your claim.

How often you check in with the VA on the status of your claim can affect the length of time it takes to complete the process. You can speed up the process by sending all documentation as quickly as you can, including specific details regarding the medical center you use, as well as providing any requested information.

If you believe that there has been an error in the decision on your disability, you can request a more thorough review. This involves submitting all facts that exist in your case to an expert reviewer who can determine whether there was a mistake in the initial decision. However, this review is not able to include new evidence.