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How to File a Veterans Disability Claim

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

It's no secret that the VA is a long way behind in processing disability claims from veterans. A decision can take months or even years.

Aggravation

A veteran may be able get disability compensation in the event of the condition that was worsened due to their military service. This type of claim is called an aggravated disability and can be either physical or mental. A qualified VA lawyer can help the former service member to file an aggravated disability claim. The claimant must prove by proving medical evidence or an independent opinion, that their pre-service condition was aggravated due to active duty.

Typically the most effective way to prove that a condition prior to service was aggravated is to get an independent medical opinion from a physician who specializes in the disabled veteran. In addition to the doctor's opinion, the veteran must also submit medical records as well as the lay statements of family or friends who attest to their pre-service condition.

In a veterans disability claim it is essential to be aware that the condition being aggravated has to be different from the original disability rating. A disability lawyer can guide an ex-servicemember on how they can provide enough medical evidence and proof that their condition was not only aggravated through military service, but was worse than it would have been without the aggravating factor.

VA proposes to rewrite its two "aggravation standards" in its regulations 38 CFR 3.306 and 3.310. The differing language in these regulations has led to confusion and controversy during the claims process. Particularly, the inconsistent use of phrases such as "increase in disability" and "any increase in severity" is the cause of litigation and confusion.

Service-Connected Terms

To be eligible for benefits, they must demonstrate that their condition or illness is related to their service. This is referred to as "service connection." For certain conditions, like Ischemic heart disease or other cardiovascular diseases that develop as a result of specific services-connected amputations is automatically granted. veterans disability settlement suffering from other conditions such as PTSD are required to provide the evidence of lay witnesses or from people who knew them during their service to establish a connection between their condition to a specific incident that occurred during their time in the military.

A preexisting medical issue could be service-related in the case that it was aggravated through active duty and not caused by the natural progression of the disease. The most effective way to prove this is by providing the doctor's opinion that the ailment was due to service and not the normal development of the condition.

Certain illnesses and injuries may be attributed to or aggravated because of service. These are referred to as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans disability attorney radiation exposure in Prisoners of War and other Gulf War conditions. Certain chronic diseases and tropical illnesses are also believed to have been caused or caused by military service. This includes AL amyloidosis as well as other acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis and diabetes Mellitus Type 2. For more information about these probable conditions, click here.

Appeals

The VA has a system to appeal their decision on whether or not to grant benefits. The first step is filing an appeal called a Notice of Disagreement. If your VA-accredited lawyer does not do this for the client, then you must complete it on your own. This form is used to tell the VA that you are not satisfied with their decision and that you'd like to have a more thorough review of your case.

There are two options for a higher-level review and both of them are options you should carefully consider. You can request a private meeting with the Decision Review Officer at your local office. The DRO will perform a de novo (no consideration is given to prior decisions) review and veterans disability claim either reverse the earlier decision or confirm the decision. You may be required or not required to provide new proof. Another option is to request a hearing before a Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

It is important to discuss all of these issues with your VA-accredited lawyer. They're experienced and know what's best for your case. They are also aware of the challenges faced by disabled veterans disability attorneys and can help them become an effective advocate on your behalf.

Time Limits

If you suffer from a disability that was acquired or worsened during military service, you can file a claim to receive compensation. You'll need to wait as the VA evaluates and makes a decision on your claim. It may take up to 180 days after your claim is filed before you get a decision.

There are a variety of factors that can affect how long the VA will take to reach an decision on your claim. How quickly your claim will be considered is mostly determined by the quantity of evidence you have submitted. The location of the VA field office that will be reviewing your claim will also affect how long it takes.

Another factor that could affect the time it takes for your claim to be processed is the frequency at which you contact the VA to inquire about the status of your claim. You can accelerate the process by submitting all evidence as quickly as possible, providing specific information regarding the medical care facility you use, as well as providing any requested details.

You can request a more thorough review if you believe the decision you were given regarding your disability was not correct. This involves submitting all the facts that exist in your case to a senior reviewer who can determine whether there was an error in the initial decision. However, this review can't include any new evidence.