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How to File a Veterans Disability Claim

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

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

Aggravation

A veteran might be able to claim disability compensation for a condition that was caused by their military service. This type of claim may be physical or mental. A VA lawyer who is certified can help a former military member submit an aggravated disabilities claim. A claimant must show through medical evidence or an independent opinion, that their medical condition prior to serving was aggravated due to active duty.

A physician who is an expert in the veteran's disability can provide an independent medical opinion proving the severity of the condition prior to service. In addition to a doctor's statement the veteran will be required to provide medical records as well as lay statements from family or friends who are able to confirm the severity of their pre-service condition.

It is important to note in a veterans disability compensation disability claim that the aggravated conditions must be different than the original disability rating. A disability lawyer can help former service members provide the necessary medical evidence and testimony in order to establish that their original condition wasn't just aggravated because of military service, but it was worse than what it would have been if the aggravating factor wasn't present.

VA proposes to change its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The different language of these provisions has caused confusion and debate in the process of claiming. Specifically, the incongruent usage of terms such as "increase in disability" and "any increase in severity" is the cause of litigation and uncertainty.

Service-Connected Conditions

In order for a veteran to be eligible for benefits, they must prove that their disability or illness is related to their service. This is referred to as "service connection." For certain ailments, like ischemic heart disease, or other cardiovascular diseases that manifest because of service-connected amputations, a service connection is granted automatically. veterans disability attorney suffering from other ailments like PTSD need to provide lay testimony or lay evidence from people who knew them during their service to link their condition to a specific event that occurred during their time in the military.

A pre-existing medical condition can be a service-related issue when it was made worse by active duty and not as a natural progression of disease. It is best to submit an official report from a doctor that explains that the deterioration of the condition was caused by service and not the natural development of the disease.

Certain injuries and illnesses can be thought to be caused or aggravated by service. They are known as "presumptive illnesses." This includes exposure to Agent Orange in Vietnam and Korea veterans and radiation exposure among Prisoners of War and other Gulf War conditions. Some chronic diseases and tropical diseases are also presumed to have been resulted or aggravated by military service. These are AL amyloidosis and chloracne as well as other acne-related disorders such as porphyria cutanea tarda multiple sclerosis, tuberculosis, and diabetes mellitus type 2. Click here for more details regarding these presumptive diseases.

Appeals

The VA has a system for appealing their decision to grant or deny benefits. The first step is filing a Notice Of Disagreement. Your VA-accredited attorney may file this on your behalf however, if not, you are able to file it yourself. This form is used to inform the VA you disagree with their decision and that you would like a more thorough review of your case.

There are two options to request a higher 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 conduct a de novo review (no deference to the previous decision) and then either reverse or veterans disability claim uphold the earlier decision. You may or may not be allowed to submit new evidence. The alternative is to request an interview before a veterans disability legal Law Judge at the Board of Veterans' Appeals in Washington, D.C.

There are many factors to consider when choosing the best lane for your appeal, and it is important to discuss these options with your VA-accredited attorney. They have experience and know what is best for your case. They also understand the challenges that disabled veterans face and can help them become a stronger advocate for you.

Time Limits

You may be eligible for compensation if you suffer from an impairment that you acquired or worsened in the course of serving in the military. You'll have to be patient while the VA reviews and decides on your application. You may need to wait up to 180 calendar days after submitting your claim before receiving an answer.

Many factors can influence the time it takes for the VA to decide on your claim. How quickly your application will be reviewed is largely determined by the amount of evidence you have submitted. The location of the VA field office who will review your claim can also influence the time it takes to review your claim.

Another factor that can affect the time required for your claim to be processed is how often 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 about the medical center you use, as well as sending any requested details.

If you think there was an error in the determination of your disability, you may request a higher-level review. This requires you to submit all relevant facts of your case to an expert reviewer who can determine whether there was a mistake in the initial decision. However, this review cannot contain new evidence.