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How to File a Veterans Disability Claim

A veteran's disability claim is an important component of his or her benefit application. Many veterans receive tax-free income after their claims are approved.

It's no secret that VA is behind in the process of processing claims for disability by veterans. The process can take months or even years.

Aggravation

A veteran might be able to receive compensation for disability due to a condition made worse by their military service. This type of claim can be either mental or physical. A qualified VA lawyer can assist former service members make an aggravated disability claim. The claimant must prove either through medical evidence or an independent opinion, that their condition prior Veterans Disability to service was made worse 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 physician who is knowledgeable about the condition of the veteran. In addition to the physician's statement, the veteran is required to 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 important to keep in mind that the condition that is aggravated must be distinct from the original disability rating. A disability lawyer can assist the former service member provide sufficient medical evidence and witness to prove that their previous condition wasn't just aggravated by military service, however, it was much worse than what it would have been if the aggravating factor weren't present.

In order to address this issue, VA is proposing to align the two "aggravation" standards contained in its regulations 38 CFR 3.306 and 3.310. The differing wording of these regulations has caused confusion and controversy during the process of claiming. Particularly, the inconsistent use of terms like "increase in disability" and "any increase in severity" has been the cause of disputes and confusion.

Service-Connected Conditions

To qualify a veteran for benefits, they must prove that their illness or disability is related to service. This is referred to as "service connection." For veterans Disability certain conditions, like Ischemic heart disease or other cardiovascular diseases that manifest due to specific service-connected amputations, service connection is granted automatically. Veterans with other conditions like PTSD need to provide lay testimony or evidence from people who were close to them during their time in service to connect their condition to an specific event that occurred during their time in the military.

A preexisting medical issue could also be service-related when it was made worse by active duty and not through natural progress of the disease. The most effective way to demonstrate this is to provide the doctor's opinion that the aggravation was due to service and not just the normal progression of the disease.

Certain ailments and injuries are presumed to have been caused or aggravated by service. These are referred to as "presumptive illnesses." This includes exposure to Agent Orange in Vietnam and Korea veterans disability lawsuits, radiation exposure in Prisoners of War and various Gulf War conditions. Certain chronic diseases and tropical diseases are believed to have been caused or aggravated by service. These are AL amyloidosis or chloracne, other acne-related diseases such as porphyria cutanea tarda tuberculosis, multiple sclerosis and diabetes mellitus type 2. Click here to learn more about these presumptive illnesses.

Appeals

The VA has a procedure for appeals to appeal their decision regarding the issue of whether or not to grant benefits. The first step is filing an appeal called a Notice of Disagreement. Your VA-accredited attorney is likely to complete this for you however, if not, you may file it yourself. This form is used by the VA to let them know that you disagree with their decision and would like a more thorough review of your case.

There are two options available for a higher level review. Both options should be carefully considered. You can request a personal meeting with an official from the Decision Review Office at your local office. The DRO will conduct a de novo appeal (no deference given to the previous decision) and then either reverse or affirm the earlier decision. It is possible that you will be able not required to provide new proof. The other option is to request an interview before an Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.

It is crucial to discuss all of these issues with your lawyer who is accredited by the VA. They'll have experience in this field and know what is the most appropriate option for your particular case. They also know the issues faced by disabled veterans disability attorneys and can help them become a stronger advocate on your behalf.

Time Limits

You may be eligible for compensation if you have an illness that you developed or worsened while serving in the military. But you'll have to be patient during the VA's process of review and deciding on the merits of your claim. You could have to wait up to 180 calendar days after filing your claim before you receive an answer.

Many factors affect how long it takes the VA to decide on your claim. How quickly your application will be reviewed is largely determined by the amount of evidence you submit. The location of the VA field office which will be evaluating your claim will also affect the time it takes to review your claim.

Another factor that could affect the time required for your claim to be processed is the frequency at which you contact the VA to check on the progress of your claim. You can speed up the process by submitting your evidence as soon as you can, being specific in your details regarding the address of the medical care facilities that you use, and submitting any requested information as soon as it's available.

You may request a higher-level review if you believe the decision you were given regarding your disability was not correct. You'll have to submit all the details of your case to an experienced reviewer who will determine whether there was a mistake in the original decision. This review does not include any new evidence.