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How to File a Veterans Disability Claim

The claim of disability for a veteran is a key element of the application for benefits. Many veterans earn tax-free earnings when their claims are accepted.

It's not a secret that the VA is way behind in processing disability claims made by Veterans Disability Lawyer. The decision could take months or even years.

Aggravation

Veterans may be eligible for disability compensation if their condition was aggravated by their military service. This type of claim may be physical or mental. A VA lawyer who is competent can help an ex-military member file an aggravated disabilities claim. A claimant has to prove using 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 in the condition of the veteran can provide an independent medical opinion which will prove the severity of the condition prior to service. In addition to the physician's statement, the veteran must also submit medical records and statements from family members or friends who attest to their pre-service condition.

In a veterans disability claim it is essential to note that the condition that is aggravated must be distinct from the initial disability rating. A disability lawyer can assist a former servicemember provide enough medical evidence and testimonies to prove that their original condition wasn't just aggravated because of military service, but was also more severe than what it would have been if the aggravating factor hadn't been present.

VA proposes to revise its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The differing language in these provisions has caused confusion and controversy in the process of making claims. The inconsistent use of words such as "increased disability" and "any increased severity" have been the source of litigation.

Service-Connected Terms

To qualify for benefits, the veteran must prove that their disability or illness was caused by service. This is known as "service connection." Service connection is automatically granted for certain conditions, like ischemic heart diseases or other cardiovascular disease that develops because of specific service-connected amputations. For other conditions, such as PTSD, veterans disability lawyers must provide documents or evidence from people who were close to them in the military to prove their condition to a specific incident that occurred during their time in service.

A preexisting medical condition could be a result of service in the event that it was aggravated by their active duty service and not caused by the natural progress of the disease. The most effective method to demonstrate this is to provide the opinion of a doctor that the aggravation was due to service and not just the normal development of the condition.

Certain ailments and injuries are presumed to have been caused or worsened by service. These are referred to as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans and radiation exposure in prisoner of war, and other Gulf War conditions. Some chronic diseases and tropical diseases are suspected to have been caused or aggravated by service. This includes AL amyloidosis and other acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis and Diabetes Mellitus Type 2. For more details on these presumptive conditions, visit here.

Appeal

The VA has a procedure to appeal their decision to award or deny benefits. The first step is to make a notice of disagreement. Your VA-accredited attorney is likely to complete this for you however, if not, you may file it yourself. This form is used to notify the VA you disagree with their decision and you want a higher-level review of your case.

There are two options available for a more thorough review. Both options should be considered carefully. One option is to request a personal hearing with an officer from the Decision Review Office at your regional office. The DRO will conduct an de novo review (no deference given to the earlier decision) and either reverse or affirm the decision made earlier. You may be able or not be required to present new evidence. You may also request a hearing before a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It is crucial to discuss these issues with your lawyer who is accredited by the VA. They will have experience and know what's best for your case. They also know the issues that disabled veterans face and can help them become a stronger advocate on your behalf.

Time Limits

If you have a disability which was created or worsened during military service, you could file a claim in order to receive compensation. It is important to be patient as the VA evaluates and makes a decision on your claim. It could take up to 180 days after the claim has been filed before you are given an answer.

Many factors can influence the time it takes for the VA to decide on your claim. The speed at which your application will be evaluated is largely determined by the quantity of evidence you have submitted. The location of the VA field office who will review your claim could also impact the length of time required to review.

Another factor that can affect the time it takes your claim to be processed is how often you contact the VA to check on its progress. You can speed up the process by submitting proof as soon as possible by being specific with your information regarding the addresses of the medical care facilities you utilize, and providing any requested information immediately when it becomes available.

If you think there was a mistake in the determination of your disability, you are able to request a more thorough review. This means that you submit all the relevant facts of your case to an expert reviewer who can determine if there was an error in the original decision. However, this review cannot include new evidence.