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How to File a Veterans Disability Claim

The claim of a disabled veteran is a crucial element of the application for benefits. Many veterans are eligible for tax-free income when their claims are granted.

It's not a secret that VA is behind in the processing of claims for disability from veterans. The decision could take months or even years.

Aggravation

Veterans could be qualified for disability compensation if their condition was caused by their military service. This type of claim could be either mental or physical. A qualified VA lawyer can help the former service member submit an aggravated claim. A claimant needs to prove, through medical evidence or unbiased opinions that their condition prior to service was aggravated due to 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 in the disabled veteran. In addition to a physician's declaration the veteran will also need to submit medical records and lay statements from friends or family members who can confirm the severity of their pre-service condition.

In a veterans disability lawsuit disability claim it is crucial to remember that the aggravated condition must be distinct from the original disability rating. A disability lawyer can assist a former servicemember provide enough medical evidence and witness to show that their initial condition wasn't only aggravated due to military service but it was worse than what it would have been had the aggravating factor weren't present.

VA proposes to change its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The differing language in these regulations has led to confusion and disagreement during the process of making claims. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the cause of litigation.

Service-Connected Terms

To be eligible for benefits a veteran must prove that the condition or disability was caused by service. This is referred to as proving "service connection." Service connection is granted automatically for certain ailments, like ischemic heart diseases or other cardiovascular conditions that develop because of specific amputations connected to service. Veterans with other conditions, like PTSD need to provide lay testimony or evidence from those who were their friends during their service to establish a connection between their condition to an specific incident that occurred during their military service.

A pre-existing medical condition could also be service related when it was made worse because of active duty and not as a natural progression of disease. The most effective method to demonstrate this is to provide a doctor's opinion that states that the ailment was due to service and not the normal development of the condition.

Certain injuries and illnesses may be thought to be caused or aggravated by treatment. 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 other Gulf War conditions. Some chronic diseases and tropical diseases are believed to have been aggravated or caused by military service. These are AL amyloidosis or chloracne, other acne-related conditions Porphyria Cutanea Tighta, tuberculosis and multiple sclerosis and diabetes mellitus type 2. For more information about these presumptive conditions, visit here.

Appeal

The VA has a process for appealing their decision on whether or not to award benefits. The first step is to submit a Notice of Dispute. If your VA-accredited lawyer does not handle this for you, you are able to complete the process on your own. This form is used to inform the VA you disagree with their decision and you want a higher-level review of your case.

There are two ways to get an upscale review and both of them are options you should carefully consider. One is to request a personal hearing with an officer from the Decision Review Office at your regional office. The DRO will conduct an de novo review (no deference given to the decision made previously) and then either reverse or confirm the earlier decision. You may or not be able submit new evidence. The other option is to request a hearing with a Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

There are many factors to consider when choosing the best lane for your appeal, and it is important to discuss these with your attorney who is accredited by the VA. They're experienced and know what is best for your situation. They are also aware of the challenges that disabled veterans face and can be an effective advocate for you.

Time Limits

If you suffer from a condition that was incurred or worsened in the military, you can file a claim and receive compensation. However, you'll need to be patient with the VA's process for taking a look at and deciding on your application. You could have to wait up to 180 calendar days after filing your claim before you receive an answer.

Many factors influence how long it takes the VA to consider your claim. The amount of evidence submitted will play a significant role in how quickly your claim is reviewed. The location of the VA field office which will be evaluating your claim will also affect the length of time required to review.

Another factor that can affect the length of time it takes your claim to be processed is how often you contact the VA to inquire about its progress. You can accelerate the process by submitting proof as soon as possible and being specific in your address information for the medical facilities you utilize, and providing any requested information as soon as it is available.

You may request a higher-level review if you believe that the decision made on your disability was wrong. You'll need to provide all of the facts about your case to a knowledgeable reviewer, who can determine whether there an error in the initial decision. This review does not contain any new evidence.