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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 who have their claims accepted receive a monthly income which is tax-free.

It's no secret that VA is behind in the processing of claims for disability from veterans. It could take months, even years for a determination to be made.

Aggravation

veterans disability law firm may be entitled to disability compensation if their condition was made more difficult by their military service. This kind of claim is known as an aggravated disability. It could be either mental or physical. A VA lawyer who is certified can assist an ex-military person submit an aggravated disabilities claim. The claimant must demonstrate by proving medical evidence or independent opinions that their medical condition prior to service was aggravated due to active duty.

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

In a claim for disability benefits for veterans it is essential to be aware that the condition that is aggravated must differ from the original disability rating. A disability attorney can advise a former servicemember on how they can provide enough medical evidence and testimony to prove that their condition was not only aggravated by military service, but was worse than it would have been had it not been for the aggravating factor.

In addressing this issue VA is proposing to align the two "aggravation" standards within its regulations - 38 CFR 3.306 and 3.310. The different language of these provisions has caused confusion and debate regarding the claims process. The incongruent use phrases like "increased disability" and "any increased severity" have been the cause of litigation.

Conditions Associated with Service

To be eligible for benefits a veteran must prove that their disability or illness was caused by service. This is referred to as "service connection." For certain conditions, like Ischemic heart disease or other cardiovascular diseases that arise as a result of specific services-connected amputations is automatically granted. Veterans with other conditions, like PTSD need to provide the evidence of lay witnesses or from people who knew them during their service to establish a connection between their condition to an specific incident that occurred during their time in the military.

A pre-existing medical problem can be a service-related issue in the event that it was aggravated by active duty, and not the natural progression of the disease. The best method to prove this is to present the doctor's opinion that the ailment was due to service, and not the normal progression of the disease.

Certain illnesses and injuries are believed to be caused or aggravated by service. These are referred to as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans as well as exposure to radiation for Prisoners of War, as well as different Gulf War conditions. Some chronic illnesses and tropical diseases are suspected to have been resulted or aggravated by military service. These include AL amyloidosis, chloracne, other acne-related diseases, porphyria cutanea tarda, multiple sclerosis, tuberculosis, and diabetes mellitus type 2. Click here for more details about these probable diseases.

Appeal

The VA has a system to appeal their decision regarding whether or not they will grant benefits. The first step is to file a Notice of Disagreement. Your VA-accredited attorney may complete this for you however, if not, you can do 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 higher-level review. Both options should be carefully considered. You can request a personal meeting with the Decision Review Officer at your local office. The DRO will perform a de novo (no consideration is given to previous decisions) review and either overturn the earlier decision or confirm it. You may be able or not to submit new proof. You can also request a hearing before a Veterans Law judge at the Board of veterans disability lawsuits' Appeals, Washington D.C.

It's important to discuss all of these issues with your VA-accredited attorney. They will have experience in this field and know what makes sense for your particular case. They are also well-versed in the difficulties faced by disabled Veterans Disability Lawyer and their families, which makes them a better advocate for you.

Time Limits

You can claim compensation if you have a disability that was acquired or worsened as a result of serving in the military. However, you'll need patient with the process of review and deciding on your application. It could take up 180 days after your claim is filed before you receive an answer.

Numerous factors can affect how long it takes the VA to decide on your claim. The amount of evidence submitted will play a major role in the speed at which your claim is evaluated. The location of the VA field office which will be evaluating your claim can also influence the time it takes to review your claim.

Another factor that could affect the time it takes your claim to be processed is the frequency at which you contact the VA to check the status of your claim. You can help speed up the process by submitting proof as soon as possible and by providing specific details regarding the address of the medical facilities you use, and submitting any requested information as soon as it is available.

You can request a more thorough review if you believe that the decision made on your disability was not correct. You'll have to submit all the facts regarding your case to an experienced reviewer, who can determine whether there an error in the initial decision. The review doesn't include any new evidence.