How to File a Veterans Disability Claim

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

It's not a secret that VA is behind in processing veteran disability claims. A decision can take months or even years.

Aggravation

Veterans could be qualified for disability compensation if their condition was aggravated by their military service. This kind of claim is known as an aggravated disability. It could be either mental or physical. A VA lawyer who is qualified can help a former military member make an aggravated disability claim. The claimant must prove either through medical evidence or independent opinions that their pre-service condition was made worse by active duty.

A physician who is an expert in the condition of the veteran can provide an independent medical opinion that will demonstrate the severity of the pre-service condition. In addition to a doctor's statement the veteran will also need to submit medical records as well as lay statements from family or friends who can testify to the extent of their pre-service injuries.

In a veterans disability claim it is essential to be aware that the condition being aggravated has to be distinct from the original disability rating. A disability lawyer can guide a former servicemember on how to present sufficient medical evidence and evidence to show that their condition was not only aggravated through military service, but actually 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 difference in the wording of these provisions has caused confusion and controversy in the claims process. The incongruent use phrases like "increased disability" and "any increased severity" have been the cause of litigation.

Service-Connected Terms

In order for a veteran to be eligible for benefits, they have to prove that their illness or disability is related to service. This is known as showing "service connection." For some conditions, like Ischemic heart disease and 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 the veterans must present witnesses or lay evidence from those who knew them during the military, to connect their illness to a specific incident that occurred during their time in service.

A preexisting medical condition could be service-related when it was made worse by their active duty service and not by natural progression of the disease. The best way to prove this is by providing the opinion of a doctor that the ailment was due to service and not the normal progress of the condition.

Certain injuries and illnesses are presumed to have been caused or aggravated by the service. These are referred to as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in Prisoners of War and various Gulf War conditions. Some chronic diseases and tropical diseases are also suspected to have been caused or aggravated from service. This includes AL amyloidosis, as well as other acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis as well as Diabetes Mellitus Type 2. Click here to learn more about these presumptive illnesses.

Appeals

The VA has a system for appealing their decision to award or deny benefits. The first step is to file a Notice of Disagreement. If your lawyer who is accredited by the VA does not complete this task for you, then you're able to complete the process on your own. This form is used to inform the VA you disagree with their decision and you'd like a higher-level analysis of your case.

There are two options for higher-level review. Both options should be carefully considered. You can request a private meeting with an official from the Decision Review Office at your local office. The DRO will conduct a de novo review (no deference given to the decision made previously) and either reverse or confirm the earlier decision. You may be required or not to submit new proof. The other option is to request an appointment with an veterans disability attorneys Law Judge from the Board of Veterans' Appeals in Washington, D.C.

It is crucial to discuss these issues with your VA-accredited lawyer. They will have experience in this field and know the best option for your specific case. They also know the issues that disabled veterans face, which can make them a stronger advocate for you.

Time Limits

If you suffer from a physical or mental impairment which was created or worsened during military service, then you may file a claim to receive compensation. However, you'll need to be patient with the process of considering and deciding about your claim. It could take up 180 days after the claim has been filed before you get a decision.

Many factors influence how long it takes the VA to determine your claim. The amount of evidence submitted is a significant factor in how quickly your claim is reviewed. The location of the field office that handles your claim can also influence the time it takes for the VA to review your claim.

Another aspect that could affect the time it takes for your claim to be processed is the frequency at which you contact the VA to inquire about its progress. You can help speed up the process by submitting evidence as soon as you can and being specific in your address details for the medical care facilities that you utilize, and providing any requested information as soon as it's available.

You may request a higher-level review if you believe that the decision based on your disability was wrong. This means that you submit all the evidence in your case to a senior reviewer who can determine if there was an error in the original decision. However, this review can't include new evidence.