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How to File a Veterans Disability Claim

A veteran's disability claim is an essential component of his or her benefit application. Many veterans are eligible for tax-free income when their claims are approved.

It's not secret that VA is behind in the processing of claims for disability from veterans. The process can take months or even years.

Aggravation

A veteran could be eligible to receive disability compensation for the condition that was worsened by their military service. This type of claim can be mental or physical. A VA lawyer who is competent can help an ex-military member to file a claim for aggravated disabilities. A claimant has to prove through medical evidence or independent opinions that their medical condition prior to service was made worse by active duty.

A physician who is an expert on the condition of the veteran can provide an independent medical opinion proving the severity of the pre-service condition. In addition to the doctor's opinion the veteran will need to submit medical records and lay declarations from family or friends who can attest to the seriousness of their pre-service ailments.

In a veterans disability claim it is crucial to be aware that the condition that is aggravated must be distinct from the original disability rating. A disability lawyer can assist former service members provide the necessary medical evidence and testimony in order to prove that their previous condition wasn't just aggravated because of military service, but it was worse than what it would have been had the aggravating factor weren't present.

In addressing this issue VA is proposing to realign the two "aggravation" standards within its regulations - 38 CFR 3.306 and 3.310. The differing wording of these provisions has created confusion and disagreement in the claims process. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the cause of litigation.

Conditions that are associated with Service

To be eligible for benefits, veterans disability lawyer must prove the condition or disability was caused by service. This is referred to as "service connection." Service connection is granted automatically for certain conditions, like Ischemic heart disease or another cardiovascular diseases that develop because of specific amputations linked to service. Veterans with other conditions, like PTSD and PTSD, are required to provide the evidence of lay witnesses or from people who were close to them during their service to link their condition to a specific event that occurred during their military service.

A preexisting medical problem could be a result of service if it was aggravated by active duty and not by natural progress of the disease. It is best to provide an explanation from a doctor that the deterioration of the condition was caused by service, not just the natural progression.

Certain ailments and injuries are believed to have been caused or aggravated due to service. These are known as "presumptive diseases." This includes exposure to Agent Orange for Vietnam and Korean veterans exposure to radiation in Prisoners of war, and different Gulf War conditions. Some chronic diseases and tropical illnesses are also believed to have been aggravated or caused by service. They include AL amyloidosis or chloracne, other acne-related disorders Porphyria Cutanea Tighta, tuberculosis and multiple sclerosis and diabetes mellitus type 2. Click here to learn more about these presumptive diseases.

Appeals

The VA has a system to appeal their decision to award or deny benefits. The first step is filing a Notice Of Disagreement. The VA-accredited attorney you have chosen will submit this form on your behalf but if not, you may file it yourself. This form allows you to inform the VA you disagree with their decision and you'd like a higher-level analysis of your case.

There are two paths to a more thorough review one of which you should consider carefully. You can request a personal meeting with a Decision Review Officer in your local office. The DRO will perform an in-person (no consideration of previous decisions) review and either reverse the earlier decision or confirm it. You could or might not be allowed to submit new evidence. You can also request an appointment with a Veterans Law judge at the Board of veterans disability lawsuit' Appeals, Washington D.C.

It is essential to discuss all of these factors with your VA-accredited attorney. They will have experience in this area and will know what makes sense for your particular case. They also know the challenges that disabled veterans face, which makes them an ideal advocate for you.

Time Limits

If you have a disability that was incurred or worsened during your military service, you may file a claim to receive compensation. You'll need to be patient as the VA reviews 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 can influence the time it takes for the VA to decide on your claim. How quickly your claim will be reviewed is largely determined by the amount of evidence you provide. The location of the field office handling your claim also influences the time it takes for the VA to review your claim.

How often you check in with the VA to check the status of your claim could also affect the time it takes to process. You can speed up the process by submitting your evidence as soon as you can and by providing specific address information for the medical care facilities that you utilize, and providing any requested information as soon as it is available.

If you believe there was a mistake in the determination of your disability, then you can request a higher-level review. You must submit all the details of your case to a knowledgeable reviewer, who can determine whether there an error in the original decision. The review doesn't include any new evidence.