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How to File a Veterans Disability Claim

A veteran's disability claim is a critical element of their benefit application. Many veterans receive tax-free income when their claims are approved.

It's not secret that VA is behind in processing veteran disability claims. The decision could take months or even years.

Aggravation

veterans disability lawyers could be eligible for disability compensation if their condition was made more difficult by their military service. This kind of claim can be mental or physical. A licensed VA lawyer can assist the former service member file an aggravated disability claim. The claimant must demonstrate using medical evidence or independent opinions, that their pre-service medical condition was aggravated due to active duty.

A physician who is an expert in the condition of the veteran will be able to provide an independent medical opinion which will prove the seriousness of the pre-service condition. In addition to a physician's declaration in addition, the veteran will be required to provide medical records as well as lay statements from family or friends who can confirm the extent of their pre-service injuries.

When a claim for disability benefits from veterans it is important to remember that the condition that is aggravated must be distinct from the original disability rating. Disability lawyers can help former service members provide the necessary medical evidence and testimonies to prove that their original condition wasn't only aggravated due to military service however, it was much worse than what it would have been had the aggravating factor weren't present.

VA proposes to realign its two "aggravation standards" in its regulations 38 CFR 3.306 and 3.310. The difference in the wording of these provisions has caused confusion and debate regarding the claims process. Specifically, the incongruent usage of terms such as "increase in disability" and "any increase in severity" has been the source of disputes and confusion.

Service-Connected Conditions

To be eligible for benefits, veterans disability attorneys must prove his or her impairment or illness was caused by service. This is referred to as "service connection." Service connection is automatically granted for certain conditions, firm such Ischemic heart diseases or any other cardiovascular diseases that develop as a result specific service-connected amputations. Veterans suffering from other ailments, like PTSD, must provide the evidence of lay witnesses or from those who were their friends during their service to establish a connection between their condition to a specific incident that occurred during their military service.

A preexisting medical condition could also be service-related when it was made worse through active duty and not through natural progression of the disease. It is best to provide the doctor with a report explaining that the deterioration of the condition was caused by service, and not the natural progression.

Certain injuries and illnesses can be thought to be caused or aggravated by service. These are referred to as "presumptive illnesses." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in prisoners of War and various Gulf War conditions. Certain chronic diseases and tropical illnesses are also believed to have been caused or triggered by service. This includes AL amyloidosis, as well as other acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis as well as Diabetes Mellitus Type 2. For more details on these presumptive conditions, visit here.

Appeals

The VA has a system to appeal their decision to award or deny benefits. The first step is filing an appeal called a Notice of Disagreement. If your lawyer is certified by VA and does not take this step for you, then you're able to do it on your own. This form is used to inform the VA that you are not satisfied with their decision and you want a higher-level review of your case.

There are two options available for an additional level review. Both should be considered carefully. One is to request a hearing with a Decision Review Officer at your regional office. The DRO will conduct a review de novo (no deference to the earlier decision) and either overturn or affirm the earlier decision. You may or not be able to submit new evidence. You may also request an interview with a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

There are many aspects to consider when selecting the most appropriate route for your appeal, so it's important to discuss these with your attorney who is accredited by the VA. They'll have experience in this area and will know the best option for your particular situation. They also know the issues that disabled veterans face and can help them become an effective advocate on your behalf.

Time Limits

If you suffer from a condition that was incurred or worsened during military service, then you could file a claim in order to receive compensation. However, you'll need to be patient during the VA's process of review and deciding 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 which can impact the length of time the VA takes to make an assessment of your claim. The amount of evidence that you submit will play a significant role in the speed at which your claim is evaluated. The location of the field office that is responsible for your claim will also impact how long it takes for the VA to review your claim.

Another factor that can impact the time required 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 speed up the process by providing all evidence as fast as you can, and providing specific information regarding the medical center you use, and providing any requested details.

You can request a higher level review if you believe the decision based on your disability was wrong. This involves submitting all existing facts in your case to a senior reviewer who can determine whether there was a mistake in the original decision. This review doesn't contain any new evidence.