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How to File a Veterans Disability Claim

The claim of a disabled veteran is a vital part of submitting an application for benefits. Many veterans earn tax-free earnings after their claims are approved.

It's not a secret that the VA is a long way behind in the process of processing disability claims for veterans. A decision can take months or even years.

Aggravation

A veteran could be eligible get disability compensation in the event of a condition that was worsened due to their military service. This type of claim can be either mental or physical. A VA lawyer who is certified can assist an ex-military member make an aggravated disability claim. A claimant has to prove, with medical evidence or independent opinions, that their medical condition prior to service was made worse due to active duty.

A physician who is an expert on the disability of the veteran can offer an independent medical opinion that will demonstrate the seriousness of the pre-service condition. In addition to the doctor's opinion in addition, the veteran will have to submit medical records and Veterans disability lay assertions from friends or family members who are able to confirm the extent of their pre-service injuries.

In a veterans disability claim it is crucial to note that the condition that is aggravated must be different from the original disability rating. A disability lawyer can assist an ex-servicemember present enough medical evidence and witness to establish that their original condition wasn't merely aggravated because of military service, but was also more severe than it would have been if the aggravating factor had not been present.

VA proposes to revise its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The differing language used in these regulations has caused confusion and controversy in the process of making claims. Particularly, the inconsistent use of terms like "increase in disability" and "any increase in severity" is the cause of disputes and uncertainty.

Conditions that are associated with Service

For a veteran to qualify for benefits, they have to prove that their disability or illness is linked to service. This is called showing "service connection." For some diseases, Veterans Disability such as Ischemic heart disease or other cardiovascular diseases that develop because of service-connected amputations, service connection is granted automatically. For other conditions, such as PTSD, veterans must provide documents or evidence from people who were their friends in the military to prove their condition with a specific incident that occurred during their service.

A preexisting medical issue could be service-related when it was made worse by active duty and not by natural progression of the disease. The most effective way to prove this is to present the opinion of a doctor that the ailment was due to service, and not the normal progression of the disease.

Certain ailments and injuries are believed to be caused or aggravated by service. These are referred to as "presumptive diseases." These include 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 aggravated or caused by military service. These are AL amyloidosis, chloracne, other acne-related disorders, porphyria cutanea tarda, tuberculosis and multiple sclerosis and diabetes mellitus type 2. For more information on these presumptive conditions, visit here.

Appeals

The VA has a procedure for appealing their decision to grant or deny benefits. The first step is to submit a Notice of Dispute. If your lawyer who is accredited by the VA does not complete this task for you, you are able to complete the process on your own. This form is used by the VA to inform them that you disagree with their decision, and want a higher level review of your case.

There are two options to request an additional level review. Both should be considered carefully. You can request a private meeting with a Decision Review Officer in your local office. The DRO will perform an in-person (no consideration is given to the previous decisions) review and either reverse the previous decision or affirm the decision. You could or might not be able submit new evidence. You may also request an interview with a veterans disability lawsuits Law judge at the Board of Veterans' Appeals, Washington D.C.

It is important to discuss these aspects with your VA-accredited attorney. They'll have expertise in this area and will know what makes the most sense for your particular case. They are also aware of the difficulties that disabled veterans face and can help them become an effective advocate for you.

Time Limits

If you have a disability which was created or worsened during military service, then you may file a claim to receive compensation. It is important to be patient while the VA examines and decides on your claim. It could take as long as 180 days after the claim has been filed before you get a decision.

Many factors affect the time it takes for the VA to decide on your claim. The amount of evidence you provide will play a significant role in the speed at which your application is considered. The location of the field office that is responsible for your claim also influences the time it takes for the VA to review your claims.

Another factor that could affect the time required for your claim to be processed is the frequency at which you contact the VA to inquire about the progress of your claim. You can accelerate the process by sending all documentation as quickly as you can. You should also provide specific information regarding the medical care facility you use, as well as sending any requested information.

You can request a higher level review if you feel that the decision made on your disability was wrong. This requires you to submit all evidence in your case to an expert reviewer who can determine whether there was an error in the original decision. This review does not include any new evidence.