How to File a Veterans Disability Claim

A veteran's disability claim is a critical element of their benefit application. Many veterans receive tax-free income after their claims are approved.

It's not secret that VA is behind in the processing of claims for disability from veterans disability attorney. It can take months or even years for a determination to be made.

Aggravation

A veteran might be able to receive compensation for disability due to an illness that was worsened due to their military service. This kind of claim is known as an aggravated disability. It could be mental or physical. A licensed VA lawyer can assist former service members make an aggravated disability claim. The claimant must prove via medical evidence or unbiased opinions that their pre-service condition was made worse by 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 condition prior to service. In addition to the doctor's opinion, the veteran must also provide medical records as well as the lay statements of family or friends who can attest to their pre-service condition.

It is vital to remember when submitting a claim for disability benefits for veterans that the conditions that are aggravated must be different from the initial disability rating. A disability lawyer can assist former service members provide the necessary medical evidence and witness to prove that their previous condition wasn't merely aggravated by military service, but that it was more severe than what it would have been had the aggravating factor hadn't been present.

VA proposes to revise its two "aggravation standards" in its regulations, 38 CFR 3.306 and 3.310. The different language of these provisions has created confusion and controversy regarding the claims process. Particularly, the inconsistent use of terms such as "increase in disability" and "any increase in severity" has been the source of disputes and uncertainty.

Service-Connected Terms

To be eligible for benefits the veteran must prove that the disability or illness was caused by service. This is known as "service connection." Service connection is granted automatically in certain circumstances, including Ischemic heart diseases or any other cardiovascular diseases that develop because of specific amputations that are connected to service. veterans disability law firm suffering from other ailments such as PTSD are required to provide lay testimony or lay evidence from those who knew them during their time in service to connect their condition to an specific event that occurred during their time in the military.

A preexisting medical problem could also be service-connected when it was made worse by their active duty service and not by natural progression of the disease. The most effective method to prove this is by providing the doctor's opinion that the ailment was due to service, and not the normal progress of the condition.

Certain injuries and illnesses are believed to have been caused or aggravated due to service. These are called "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans and radiation exposure among Prisoners of War and various Gulf War conditions. Certain chronic illnesses and tropical diseases are also presumed to have been resulted or aggravated by military service. They include AL amyloidosis, chloracne, other acne-related disorders such as porphyria cutanea tarda tuberculosis, multiple sclerosis and diabetes mellitus type 2. For more information on these presumptive conditions, visit here.

Appeal

The VA has a procedure for appealing their decision to award or deny benefits. The first step is to submit a Notice of Dispute. Your VA-accredited attorney may file this on your behalf 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 want a higher level review of your case.

There are two paths to a higher-level review that you should take into consideration. You can request a private meeting with the Decision Review Officer at your local office. The DRO will conduct an de novo review (no deference to the previous decision) and either reverse or uphold the earlier decision. You may or may not be able to present new evidence. The alternative is to request an appointment before an Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.

It is crucial to discuss these aspects with your VA-accredited lawyer. They will have experience and know the best option for your situation. They are also aware of the challenges faced by disabled veterans and can be a stronger advocate on your behalf.

Time Limits

You may be eligible for compensation if you have a disability that you acquired or worsened while serving in the military. You'll need to wait while the VA reviews and decides on your claim. It may take up to 180 days after the claim has been filed before you are given an answer.

There are many variables which can impact the length of time the VA will take to reach a decision on your claim. The speed at which your claim will be reviewed is largely determined by the amount of evidence you submit. The location of the field office responsible for your claim will also impact the time it will take for the VA to review your claim.

The frequency you check in with the VA on the status of your claim can affect the time it takes to finish the process. You can accelerate the process by providing all evidence as fast as you can. You should also provide specific details regarding the medical care facility you use, and sending any requested details.

You could request a higher-level review if you feel that the decision based on your disability was unjust. You'll need to provide all the facts regarding your case to an experienced reviewer, who will decide whether there an error in the original decision. However, this review is not able to include new evidence.