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How to File a Veterans Disability Claim

The veteran's claim for disability is a crucial element of the application for benefits. Many veterans disability lawyer who have their claims accepted receive additional monthly income that is tax free.

It's not secret that VA is behind in processing disability claims of veterans. It can take months or even years for a determination to be made.

Aggravation

Veterans may be eligible for disability compensation in the event that their condition was aggravated by their military service. This type of claim is referred to as an aggravated impairment and can be mental or physical. A competent VA lawyer can assist a former servicemember submit an aggravated claim. A claimant needs to prove via medical evidence or independent opinions, that their condition prior to service was aggravated due to active duty.

A physician who is an expert in the disability of the veteran can offer an independent medical opinion that demonstrates the severity of the condition prior to service. In addition to the doctor's opinion, the veteran should also submit medical records and lay statements from family or friends who attest to their pre-service condition.

In a veterans disability claim it is important to note that the condition that is aggravated must differ from the original disability rating. An attorney for disability can guide the former soldier on how to provide sufficient medical evidence and testimony to prove that their original health condition was not merely aggravated by 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 & 3.310. The differing wording of these provisions has caused confusion and controversy in the process of claiming. Specifically, the incongruent use of phrases such as "increase in disability" and "any increase in severity" has been the source of disputes and uncertainty.

Conditions that are associated with Service

To qualify for benefits, veterans must prove the health or disability was caused by service. This is called showing "service connection." For some diseases, such as Ischemic heart disease and other cardiovascular diseases that develop as a result of specific service-connected amputations, a service connection is granted automatically. For other conditions, such as PTSD, veterans disability compensation must provide documents or evidence from people who knew them in the military, to connect their condition to an specific incident that took place during their time in service.

A pre-existing medical condition can also be service related in the case that it was aggravated by active duty and not as a natural progression of the disease. It is best to provide an explanation from a doctor that the deterioration of the condition was caused by service, and not the natural progression of the disease.

Certain ailments and injuries can be thought to be caused or aggravated due to service. They are known as "presumptive diseases." This includes exposure to Agent Orange for Vietnam and Korean veterans as well as exposure to radiation for prisoner of war, and different Gulf War conditions. Certain chronic diseases and tropical diseases are also believed to have been caused or aggravated by service. They include AL amyloidosis, chloracne, other acne-related disorders such as porphyria cutanea tarda tuberculosis, multiple-sclerosis, veterans disability claim and diabetes mellitus type 2. Click here to learn more about these probable diseases.

Appeal

The VA has a procedure for appealing their decision to award or Veterans Disability Claim deny benefits. The first step is to make a notice of disagreement. If your lawyer is certified by VA and does not handle this for you, you are able to complete the process on your own. This form is used by the VA to let them know that you disagree with their decision and would prefer a more thorough review of your case.

There are two options available for an additional level review. Both should be carefully considered. One option is to request a personal hearing with a Decision Review Officer at your regional office. The DRO will perform an in-person (no consideration is given to prior decisions) review and either overturn the earlier decision or uphold it. You might or may not be able submit new evidence. The alternative is to request an interview before an Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.

It's important to discuss these aspects with your lawyer who is accredited by the VA. They're experienced in this area and will know the best option for your particular case. They are also aware of the difficulties faced by disabled veterans disability attorneys and can help them become a stronger advocate on your behalf.

Time Limits

If you suffer from a disability which was created or worsened during military service, you may file a claim to receive compensation. You'll need to wait as the VA evaluates and makes a decision on your application. It may take up to 180 days after the claim has been submitted before you get an answer.

Many factors affect the time it takes for the VA to determine your claim. The amount of evidence you provide will play a big role in the speed at which your application is considered. The location of the VA field office that will be reviewing your claim could also impact how long it takes.

Another factor that could affect the length of time it takes your claim to be processed is the frequency at which you contact the VA to inquire about the status of your claim. You can speed up the claim process by submitting all evidence as quickly as you can, and providing specific details regarding the medical center you use, and sending any requested details.

You can request a higher level review if you feel that the decision you were given regarding your disability was unjust. You must submit all the facts regarding your case to an experienced reviewer, who will decide whether there was a mistake in the original decision. This review does not include any new evidence.