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How to File a Veterans Disability Claim

A veteran's disability claim is a crucial component of his or her benefit application. Many veterans disability attorneys receive tax-free income when their claims are approved.

It's not a secret that VA is behind in the processing of claims for disability from veterans disability lawsuits. It can take months, even years, for a final decision to be made.

Aggravation

A veteran might be able to receive disability compensation for an illness that was caused by their military service. This type of claim could be either mental or physical. A skilled VA lawyer can help former service members make an aggravated disability claim. A claimant must show through medical evidence or an independent opinion, that their medical condition prior to serving was aggravated through 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 pre-service illness. In addition to the doctor's report, the veteran is required to submit medical records as well as statements from relatives or friends who can attest to their pre-service condition.

It is important to note when submitting a claim for disability benefits for veterans that the aggravated condition must be different from the original disability rating. A disability lawyer can assist former service members provide the necessary medical evidence and testimonies to show that their initial condition wasn't simply aggravated because of military service, but it was worse than what it would have been if the aggravating factor wasn't present.

In addressing this issue VA is proposing to change the two "aggravation" standards contained in its regulations - 38 CFR 3.306 and 3.310. The differing wording of these regulations has led to confusion and controversy in the process of claiming. Particularly, the inconsistent usage of terms such as "increase in disability" and "any increase in severity" has been the source of disputes and uncertainty.

Service-Connected Conditions

To be eligible for benefits, the veteran must prove that their condition or disability was caused by service. This is referred to as "service connection." For certain conditions, such as ischemic heart disease, or other cardiovascular diseases that manifest due to specific Amputations that are connected to service, the service connection is automatically granted. Veterans suffering from other conditions, like PTSD need to provide the evidence of lay witnesses or from people who knew them during their service to link their condition to a specific incident that occurred during their time in the military.

A pre-existing medical issue can be service-related in the event that it was aggravated because of active duty, and not the natural progression of disease. The best way to establish this is by submitting an opinion from a doctor that states that the ailment was due to service and not the normal progression of the condition.

Certain injuries and illnesses may be believed to be caused or aggravated by service. These are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in Prisoners of War and other Gulf War conditions. Some chronic diseases and tropical diseases are believed to have been caused or caused by service. This includes AL amyloidosis as well as other acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis, Tuberculosis, and Diabetes Mellitus Type 2. Click here for more information regarding these presumptive diseases.

Appeals

The VA has a system to appeal their decision to grant or deny benefits. The first step is to file an appeal called a Notice of Disagreement. If your lawyer who is accredited by the VA does not do this for the client, then you must complete it on your own. This form is used to inform the VA you disagree with their decision and that you want a higher-level review of your case.

There are two routes to a higher-level review one of which you should take into consideration. You can request a personal meeting with the Decision Review Officer at your local office. The DRO will conduct a de novo appeal (no deference given to the decision made previously) and then either reverse or confirm the earlier decision. It is possible that you will be able not to submit new proof. You may also request a hearing before a veterans disability Law Firms Law judge at the Board of Veterans' Appeals, Washington D.C.

It's important to discuss all of these issues with your VA-accredited attorney. They will have experience and know what is best for your case. They also understand the challenges faced by disabled veterans which makes them a stronger advocate on your behalf.

Time Limits

You can claim compensation if you have an impairment that you acquired or worsened as a result of serving in the military. But you'll need to be patient during the process of reviewing and deciding on your claim. You could have to wait up to 180 calendar days after submitting your claim before receiving an answer.

Numerous factors can affect the time it takes for the VA to consider your claim. The speed at which your claim will be reviewed is largely determined by the quantity of evidence that you submit. The location of the field office that is responsible for your claim can also influence how long it will take for the VA to review your claim.

The frequency you check in with the VA on the status of your claim can affect the time it takes to finish the process. You can accelerate the process of filing a claim by sending all documentation as quickly as you can, and providing specific information about the medical facility you use, as well as sending any requested details.

You could request a higher-level review if it is your opinion that the decision you were given regarding your disability was wrong. You must submit all of the facts about your case to a knowledgeable reviewer, who will decide whether there an error in the original decision. The review doesn't include any new evidence.