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How to File a Veterans Disability Claim

The veteran's claim for disability is an important part of the application for benefits. Many veterans who have their claims accepted receive a monthly income that is tax-free.

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

Aggravation

A veteran could be eligible to receive compensation for disability due to the condition that was caused by their military service. This type of claim could be mental or physical. A skilled VA lawyer can assist a former servicemember make an aggravated disability claim. A claimant must demonstrate, through medical evidence or unbiased opinions that their pre-service condition was made worse by active duty.

A physician who is an expert in the condition of the veteran can provide an independent medical opinion that will demonstrate the severity of the pre-service condition. In addition to a doctor's statement, the veteran will also have to submit medical records as well as lay statements from friends or family members who can attest to the seriousness of their pre-service ailments.

In a veterans disability claim it is important to note that the aggravated condition must be distinct from the initial disability rating. A disability lawyer can assist a former servicemember provide enough medical evidence and testimony in order to establish that their original condition wasn't merely 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 change its two "aggravation standards" in its regulations 38 CFR 3.306 and 3.310. The differing wording of these provisions has caused confusion and controversy in the claims process. Particularly, the inconsistent use of terms like "increase in disability" and "any increase in severity" is the cause of disputes and confusion.

Conditions Associated with Service

To be eligible for benefits veterans must prove the condition or disability was caused by service. This is known as "service connection." Service connection is automatically granted for certain conditions, like Ischemic heart diseases or any other cardiovascular diseases that develop because of specific amputations that are connected to service. For other conditions, like PTSD the veterans disability lawyer must present documents or evidence from those who knew them during the military, to link their condition with a specific incident that took place during their time of service.

A preexisting medical condition could be a result of service in the case that it was aggravated through active duty and not through natural progress of the disease. The most effective method to prove this is to present the doctor's opinion that the ailment was due to service, and not the normal development of the condition.

Certain injuries and illnesses can be presumed to be caused or aggravated because of treatment. These are called "presumptive illnesses." These include exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in Prisoners of War, as well as numerous Gulf War conditions. Certain chronic diseases and tropical diseases are believed to have been caused or worsened by military service. This includes AL amyloidosis and other acneform illnesses, 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 to grant or deny benefits. The first step is to make a notice of disagreement. If your VA-accredited lawyer does not handle this for you, then you can do it yourself. This form is used to inform the VA that you are not satisfied with their decision and that you want a higher-level review of your case.

There are two options to request a higher level review. Both should be carefully considered. You can request a personal meeting with the Decision Review Officer at your local office. The DRO will conduct a de novo (no consideration of previous decisions) review and either reverse the earlier decision or uphold the decision. You could be able or not required to provide new proof. You may also request an appearance before a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It's important to discuss these aspects with your lawyer who is accredited by the VA. They'll have experience in this area and will know what makes sense for your specific case. They are also aware of the challenges faced by disabled veterans and can be more effective advocates for you.

Time Limits

If you suffer from a disability that was acquired or worsened during your military service, you could file a claim in order to receive compensation. But you'll need to be patient when it comes to the VA's process of considering and deciding about the merits of your claim. It could take up to 180 calendar days after filing your claim to receive a decision.

Many factors can influence how long it takes the VA to determine your claim. How quickly your claim will be evaluated is largely determined by the amount of evidence that you submit. The location of the field office that handles your claim also influences the time it takes for the VA to review your claim.

How often you check in with the VA regarding the status of your claim could influence the time it takes to complete the process. You can help accelerate the process by submitting proof as soon as you can and by providing specific address information for the medical facilities you use, and sending any requested information as soon as it's available.

You may request a higher-level review if you believe that the decision based on your disability was not correct. This means that you submit all the evidence in your case to a senior reviewer who can determine if there was an error in the initial decision. This review does not include any new evidence.