How to File a Veterans Disability Claim

The veteran's claim for disability is a key part of submitting an application for benefits. Many veterans get tax-free income after their claims are approved.

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

Aggravation

Veterans may be entitled to disability compensation if their condition was caused by their military service. This kind of claim can be either mental or physical. A skilled VA lawyer can help the former service member submit an aggravated claim. The claimant must demonstrate by proving medical evidence or independent opinions, that their medical condition prior to serving was aggravated due to active duty.

Typically, the best way to prove that a condition prior to service was aggravated is through an independent medical opinion by an expert doctor who is specialized in the veteran's disability. In addition to the doctor's opinion, the veteran is required to submit medical records and statements from relatives or friends who can attest to their pre-service condition.

In a Veterans Disability Lawyer disability claim, it is important to keep in mind that the aggravated condition has to be distinct from the initial 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 just aggravated due to military service but it was worse than what it would have been if the aggravating factor weren't present.

VA proposes to revise its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The different wording in these provisions has led to confusion and controversy in the process of making claims. The inconsistent use of terms such as "increased disability" and "any increased severity" are the main cause of litigation.

Service-Connected Conditions

To be eligible for benefits the veteran must prove that the cause of their condition or disability was caused by service. This is referred to as proving "service connection." Service connection is automatically granted for certain conditions, like Ischemic heart disease or another cardiovascular diseases that develop due to specific service-connected amputations. Veterans suffering from other ailments like PTSD are required to provide lay testimony or evidence from people who were close to them during their time in the military to connect their condition to an specific event that occurred during their time in the military.

A pre-existing medical problem can be a service-related issue in the event that it was aggravated by active duty and not as a natural progression of the disease. The best way to demonstrate this is to provide an opinion from a doctor that states that the ailment was due to service and not just the normal progression of the condition.

Certain injuries and illnesses may be believed to be caused or aggravated because of service. These are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in Prisoners of War and other Gulf War conditions. Certain chronic diseases and tropical diseases are believed to have been caused or triggered by service. This includes AL amyloidosis, as well as other acne-related diseases, including Porphyria cutanea Tarda, veterans disability lawyer Multiple Sclerosis, Tuberculosis, and Diabetes Mellitus Type 2. Click here for more details about these probable diseases.

Appeals

The VA has a procedure to appeal their decision to grant or deny benefits. The first step is to submit a Notice of Disagreement. Your VA-accredited attorney may submit this form on your behalf however if not, veterans disability lawyer you are able to file it yourself. This form allows you to inform the VA you disagree with their decision and you'd like to have a more thorough review of your case.

There are two options available for a higher level review. Both options should be considered carefully. One option is to request a hearing with a Decision Review Officer at your regional office. The DRO will conduct a de novo (no review is given to prior decisions) review and either overturn the earlier decision or maintain the decision. You may be required or not required to submit a new proof. You may also request a hearing before a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It's important to discuss these issues with your lawyer who is accredited by the VA. They'll have expertise in this area and will know what makes the most sense for your particular case. They are also familiar with the difficulties that disabled veterans face which makes them an ideal advocate for you.

Time Limits

You can apply for compensation if you suffer from an impairment that you acquired or worsened in the course of serving in the military. You'll need to wait while the VA evaluates and makes a decision on your application. It may take up to 180 days after your claim is filed before you receive a decision.

There are a variety of factors that can affect how long the VA will take to reach a decision on your claim. The amount of evidence you submit will play a big role in how quickly your application is reviewed. The location of the field office that handles your claim will also affect how long it will take for the VA to review your claims.

The frequency you check in with the VA to see the status of your claim can also affect the time it takes to complete the process. You can speed up the process by submitting proof whenever you can by being specific with your details regarding the address of the medical facilities you use, and submitting any requested information as soon as it is available.

You can request a higher level review if you believe that the decision you were given regarding your disability was not correct. You'll need to provide all the facts regarding your case to an experienced reviewer, who will decide whether there an error in the initial decision. However, this review is not able to include any new evidence.