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How to File a Veterans Disability Claim

The claim of a veteran for disability is an important element of the application for benefits. Many veterans get tax-free income when their claims are accepted.

It's no secret that VA is a long way behind in the process of processing disability claims for veterans disability compensation. It could take months, even years, for a decision to be made.

Aggravation

A veteran might be able to receive disability compensation for an illness that was worsened due to their military service. This kind of claim can be mental or physical. A licensed VA lawyer can help a former servicemember file an aggravated disability claim. The claimant must demonstrate, with medical evidence or independent opinions that their pre-service medical condition was aggravated through active duty.

A physician who is an expert on the disability of the veteran can offer an independent medical opinion that demonstrates the severity of the pre-service illness. In addition to a doctor's report, the veteran will also need to submit medical records and lay assertions from family members or friends who are able to confirm the seriousness of their pre-service ailments.

It is vital to remember in a veterans disability claim that the conditions that are aggravated must differ from the original disability rating. A disability attorney can advise a former servicemember on how to present sufficient medical evidence and veterans disability claim testimony to establish that their condition was not only caused by military service, but was worse than it would have been had it not been for the aggravating factor.

In order to address this issue, VA proposes to re-align the two "aggravation" standards contained in its regulations - 38 CFR 3.306 and 3.310. The difference in the wording of these provisions has led to confusion and controversies regarding the claims process. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the cause of litigation.

Conditions Associated with Service

To be eligible for benefits, a veteran must prove that his or her impairment or illness was caused by service. This is called showing "service connection." For certain diseases, such as Ischemic heart disease or other cardiovascular diseases that manifest as a result of Amputations that are connected to service, the service connection is automatically granted. Veterans suffering from other conditions, like PTSD, must provide witness testimony or lay evidence from those who were their friends during their time in the military to connect their condition with a specific event that occurred during their time in the military.

A preexisting medical condition could be a result of service if it was aggravated by active duty and not through natural progress of the disease. The most effective way to prove this is by providing the opinion of a doctor that the aggravation was due to service and not just the normal progression of the disease.

Certain illnesses and injuries are believed to be caused or worsened by service. These are referred to as "presumptive diseases." This includes exposure to Agent Orange for Vietnam and Korean veterans disability litigation, exposure to radiation in Prisoners of War, as well as different Gulf War conditions. Some chronic diseases and tropical diseases are also thought to be caused or aggravated by service. These include AL amyloidosis and chloracne as well as other acne-related conditions and porphyria cutsanea tarda tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. Click here for more details regarding these presumptive diseases.

Appeals

The VA has a procedure for appeals to appeal their decision regarding whether or not to grant benefits. The first step is to make a notice of disagreement. Your VA-accredited attorney is likely to make this filing on your behalf however, if not, you can file it yourself. This form is used by the VA to let them know that you are not satisfied with their decision and you would like a higher-level review of your case.

There are two ways to get an upper-level review one of which you should carefully consider. You can request a private meeting with a Decision Review Officer at your local office. The DRO will conduct a de novo review (no deference to the decision made previously) and either reverse or confirm the earlier decision. You could be able or not be required to present new evidence. You can also request an interview with a Veterans Law judge at the Board of veterans disability legal' Appeals, Washington D.C.

It is important to discuss all of these issues with your VA-accredited lawyer. They will have experience in this field and know what makes the most sense for your particular situation. They are also well-versed in the difficulties that disabled veterans disability legal face and can be an effective advocate for you.

Time Limits

If you suffer from a condition that was caused or aggravated during military service, you can file a claim and receive compensation. It is important to be patient while the VA examines and decides on your claim. You could have to wait up to 180 calendar days after filing your claim before you receive a decision.

There are many variables that influence how long the VA is able to make an assessment of your claim. The speed at which your application will be considered is mostly determined by the volume of evidence you submit. The location of the VA field office which will be reviewing your claim can also influence how long it takes.

The frequency you check in with the VA regarding the status of your claim could influence the time it takes to process 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 facility you use, as well as sending any requested information.

If you believe that there was an error in the determination of your disability, then you can request a more thorough review. You will need to submit all of the facts about your case to a knowledgeable reviewer, who will determine whether there was a mistake in the initial decision. This review doesn't contain any new evidence.