How to File a Veterans Disability Claim

A veteran's disability claim is an important component of his or her benefit application. Many veterans disability lawyer who have their claims accepted receive additional income each month which is tax-free.

It's no secret that the VA is a long way behind in the process of processing disability claims made by veterans disability law firms. It can take months or even years, for a decision to be made.

Aggravation

Veterans may be eligible for disability compensation if their condition was made more difficult by their military service. This type of claim could be mental or physical. A VA lawyer who is competent can help an ex-military person submit an aggravated disabilities claim. A claimant must demonstrate, through medical evidence or independent opinions that their pre-service condition was made worse by active duty.

Typically, the most effective way to prove that a pre-service condition was made worse is by obtaining an independent medical opinion by an expert physician who is knowledgeable about the disability of veterans disability attorneys. In addition to the doctor's opinion, the veteran will also require medical records and lay assertions from friends or family members who can confirm the severity of their pre-service condition.

It is important to note when submitting a claim for disability benefits for veterans that the conditions that are aggravated must be different from the original disability rating. A disability attorney can advise the former service member on how to provide sufficient medical evidence and evidence to show 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 differing wording of these provisions has created confusion and debate during the process of filing claims. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the root of litigation.

Conditions of Service

To be eligible for benefits, they must demonstrate that their disability or illness is related to service. This is known as "service connection." Service connection is automatically granted for certain conditions, like ischemic heart diseases or other cardiovascular diseases that develop as a result specific amputations linked to service. Veterans suffering from other ailments like PTSD and PTSD, are required to provide lay testimony or lay evidence from people who knew them during their service to establish a connection between their condition with a specific event that occurred during their military service.

A pre-existing medical condition could be service-related in the event that it was aggravated because of active duty and not as a natural progression of the disease. It is best to provide an explanation from a doctor that the deterioration of the condition was caused by service, and not simply the natural development of the disease.

Certain ailments and injuries can be presumed to be caused or aggravated because of treatment. They are known as "presumptive diseases." This includes exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in Prisoners of war, and other Gulf War conditions. Some chronic diseases and tropical diseases are thought to be caused or aggravated by service. These include AL amyloidosis, chloracne, other acneform diseases and porphyria cutsanea tarda tuberculosis, multiple sclerosis and diabetes mellitus type 2. Click here to learn more about these probable diseases.

Appeals

The VA has a system for appealing their decision to grant or deny benefits. The first step is to submit a Notice of Dispute. Your VA-accredited attorney is likely to submit this form on your behalf, but if they do not, you can file it yourself. This form is used to inform the VA you disagree with their decision and you want a higher-level review of your case.

There are two options for a higher-level review one of which you should carefully consider. You can request a personal meeting with an official from the Decision Review Office at your local office. The DRO will conduct a de novo (no consideration is given to prior decisions) review and either reverse the previous decision or affirm it. You may or not be able to submit new evidence. The alternative is to request an interview with a Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.

It is crucial to discuss these aspects with your VA-accredited attorney. They will have experience in this field and know the best option for your specific case. They are also familiar with the challenges that disabled veterans face, which makes them an ideal advocate for you.

Time Limits

If you suffer from a condition which was created or worsened in the military, you could file a claim in order to receive compensation. You'll need to wait as the VA reviews and decides on your application. You may have to wait up to 180 calendar days after filing your claim before you get an answer.

Many factors can influence the time it takes for VA to decide on your claim. The amount of evidence submitted is a significant factor in how quickly 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.

The frequency you check in with the VA to see the status of your claim could affect the time it takes to complete the process. You can speed up the claim process by submitting all evidence as quickly as you can, including specific information about the medical care facility you use, and providing any requested details.

You can request a more thorough review if you believe the decision based on your disability was wrong. You will need to submit all the facts of your case to an experienced reviewer who will determine whether there an error in the initial decision. However, this review is not able to contain new evidence.