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How to File a Veterans Disability Claim

The veteran's claim for disability is a key part of the application for benefits. Many veterans who have their claims accepted receive an additional monthly income which is tax-free.

It's no secret that VA is a long way behind in processing disability claims made by veterans. The process can take months or even years.

Aggravation

A veteran could be eligible to claim disability compensation for a condition that was made worse by their military service. This type of claim can be either mental or physical. A competent VA lawyer can help a former servicemember to file an aggravated disability claim. A claimant must show by proving medical evidence or independent opinions that their pre-service medical condition was aggravated by active duty.

Typically the most effective way to prove that a pre-service issue was made worse is by obtaining an independent medical opinion from an expert in the veteran's disability. In addition to the doctor's report, the veteran must also submit medical records and statements from family members or friends who can attest to their pre-service condition.

In a veterans disability claim it is essential to remember that the condition being aggravated has to be different from the original disability rating. A disability lawyer can help a former servicemember provide enough medical evidence and testimonies to establish that their original condition wasn't simply aggravated due to military service, but that it was more severe than it would have been had the aggravating factor weren't present.

In addressing this issue, VA proposes to re-align the two "aggravation" standards contained in its regulations 38 CFR 3.306 and 3.310. The different language of these provisions has created confusion and controversies in the process of claiming. Particularly, the inconsistent usage of terms such as "increase in disability" and "any increase in severity" has led to a lot of litigation and confusion.

Service-Connected Conditions

To be eligible for benefits, the veteran must prove that his or her condition or disability was caused by service. This is referred to as "service connection." For certain ailments, like Ischemic heart disease and other cardiovascular diseases that develop due to specific service-connected amputations, service connection is automatically granted. For other conditions, like PTSD veterans have to present documents or evidence from people who were close to them in the military, to link their illness to a specific incident that took place during their service.

A preexisting medical issue could also be service-connected in the case that it was aggravated by their active duty service and not by natural progress of the disease. It is recommended to present a doctor's report that explains that the aggravation of the condition was due to service, not just the natural development of the disease.

Certain illnesses and injuries may be thought to be caused or aggravated by treatment. These are called "presumptive illnesses." They include exposure to Agent Orange for Vietnam and Korean veterans disability lawsuit and radiation exposure in Prisoners of War, and different Gulf War conditions. Some chronic diseases and tropical diseases are also believed to have been caused or aggravated by service. They include AL amyloidosis, chloracne, other acneform diseases, porphyria cutanea tarda, tuberculosis, multiple sclerosis and diabetes mellitus type 2. For more information on these probable conditions, click here.

Appeals

The VA has a system to appeal their decision as to whether or not they will grant benefits. The first step is to file a Notice Of Disagreement. Your VA-accredited attorney is likely to submit this form on your behalf, but if they do not, you can file it yourself. This form is used by the VA to let them know that you disagree with their decision and you would like a higher-level review of your case.

There are two routes to a higher-level review and both of them are options you should carefully consider. One is to request a hearing with the Decision Review Officer in your regional office. The DRO will conduct a de novo review (no deference to the previous decision) and either reverse or affirm the earlier decision. You could be able or not required to submit a new proof. Another option is to request a hearing with a Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

It is important to discuss these issues with your lawyer who is accredited by the VA. They'll have experience in this area and will know what is the most appropriate option for your particular case. They are also aware of the challenges that disabled veterans disability lawyers face which makes them an effective advocate on your behalf.

Time Limits

You can apply for compensation if you suffer from an impairment that you acquired or worsened during your time in the military. You'll need to be patient while the VA evaluates and makes a decision on your claim. You could have to wait up to 180 calendar days after filing your claim to receive a decision.

There are a variety of factors that can affect how long the VA will take to reach a decision on your claim. The amount of evidence you submit will play a major role in the speed at which your application is reviewed. The location of the VA field office which will be reviewing your claim will also affect the length of time it takes.

How often you check in with the VA to see the status of your claim could affect the time it takes to finish the process. You can accelerate the process of filing a claim by submitting all evidence as quickly as possible, providing specific information regarding the medical center you use, as well as sending any requested details.

You may request a higher-level review if you believe the decision based on your disability was wrong. You must submit all the facts regarding your case to an experienced reviewer who will determine whether there was a mistake in the original decision. However, this review is not able to include any new evidence.