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How to File a Veterans Disability Claim

The claim of disability for a veteran is a vital element of the application for benefits. Many veterans earn tax-free earnings when their claims are accepted.

It's not secret that VA is behind in processing veteran disability claims. It can take months or even years for a determination to be made.

Aggravation

Veterans may be eligible for disability compensation if their condition was aggravated due to their military service. This type of claim may be either mental or physical. A competent VA lawyer can assist a former servicemember file an aggravated disability claim. The claimant must demonstrate through medical evidence or independent opinions that their medical condition prior to service was aggravated due to active duty.

Typically, the most effective way to prove that a condition prior to service was aggravated is through an independent medical opinion from an expert doctor who is specialized in the veteran's disability. In addition to a doctor's statement the veteran will require medical records and lay declarations from family or friends who can attest to the seriousness of their pre-service ailments.

In a veterans disability claim, it is important to keep in mind that the aggravated condition has to differ from the original disability rating. A disability lawyer can guide a former servicemember on how they can provide enough medical evidence and testimony to prove that their original condition was not only caused through military service, but was worse than it would have been without the aggravating factor.

VA proposes to change its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The differences in the language of these provisions has caused confusion and disagreement in the claims process. Particularly, the inconsistent usage of terms such as "increase in disability" and "any increase in severity" has been the cause of litigation and uncertainty.

Service-Connected Conditions

In order for a veteran to be eligible for benefits, they must demonstrate that their condition or illness is connected to service. This is known as showing "service connection." For certain conditions, like Ischemic heart disease or other cardiovascular diseases that manifest as a result of services-connected amputations is automatically granted. For other conditions, like PTSD veterans are required to provide witnesses or lay evidence from those who knew them during the military to prove their illness to a specific incident that occurred during their time in service.

A preexisting medical condition could be service-related in the case that it was aggravated by active duty and not through natural progression of the disease. The most effective way to demonstrate this is to provide a doctor's opinion that states that the aggravation was due to service and not just the normal progression of the disease.

Certain illnesses and injuries are believed to have been caused or aggravated due to service. These are called "presumptive diseases." They include exposure to Agent Orange for Vietnam and Korean veterans disability attorney, exposure to radiation in Prisoners of War, as well as numerous Gulf War conditions. Certain chronic diseases and tropical illnesses are thought to be aggravated or caused by service. This includes AL amyloidosis as well as other acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis Tuberculosis and Diabetes Mellitus Type 2. For more details on these presumptive conditions, click here.

Appeal

The VA has a procedure for appealing their decision on whether or not to grant benefits. The first step is to make a notice of disagreement. If your VA-accredited lawyer does not take this step for the client, then you must complete the process on your own. This form allows you to inform the VA that you are not satisfied with their decision and that you'd like a higher-level analysis of your case.

There are two ways to get a more thorough review and both of them are options you should carefully consider. You can request a personal meeting with a Decision Review Officer in your local office. The DRO will conduct a de novo (no review is given to the previous decisions) review and either overturn the earlier decision or confirm it. You could or might not be able to present new evidence. The alternative is to request a hearing before a Veterans Law Judge at the Board of veterans disability attorney' Appeals in Washington, D.C.

It is essential to discuss these aspects with your VA-accredited lawyer. They will have experience and will know the best route for your situation. They are also well-versed in the difficulties that disabled veterans face and can be more effective advocates for you.

Time Limits

If you suffer from a disability that was caused or aggravated during military service, then you can file a claim to receive compensation. You'll need to be patient while the VA examines and decides on your claim. It could take up 180 days after the claim has been filed before you are given a decision.

Many factors affect the time it takes for the VA to consider your claim. The speed at which your claim will be considered is mostly determined by the quantity of evidence you provide. The location of the VA field office that will be reviewing your claim can also influence the length of time it takes.

How often you check in with the VA regarding the status of your claim can also affect the time it takes to finish the process. You can help speed up the process by submitting your evidence as soon as you can and by providing specific address details for the medical care facilities that you use, and sending any requested information as soon as it's available.

If you think there was an error in the decision regarding your disability, you can request a more thorough review. You'll need to provide all the facts of your case to a knowledgeable reviewer who will determine whether there was a mistake in the original decision. However, this review cannot include new evidence.