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How to File a Veterans Disability Claim

A veteran's disability claim is a critical component of his or her benefit application. Many veterans earn tax-free earnings when their claims are approved.

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

Aggravation

A veteran might be able to claim disability compensation for an illness that was caused by their military service. This kind of claim is known as an aggravated disability. It can be either mental or physical. A qualified VA lawyer can assist the former soldier make an aggravated disability claim. The claimant must demonstrate through medical evidence or independent opinions that their medical condition prior to service was made worse through 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 must also submit medical records as well as the lay statements of family or friends who attest to their pre-service condition.

It is important to note in a claim to be disabled by a veteran that the condition being aggravated has to be different from the original disability rating. A disability lawyer can guide an ex-servicemember on how to provide the proper medical evidence and evidence to show that their original health condition was not merely aggravated by military service, but actually worse than it would have been had it not been for the aggravating factor.

In order to address 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 provisions has created confusion and controversies in the process of claiming. The incongruent use phrases like "increased disability" and "any increased severity" have been the root of litigation.

Service-Connected Terms

To be eligible for benefits, veterans must show that his or her condition or disability was caused by service. This is referred to as proving "service connection." Service connection is automatically granted in certain circumstances, including Ischemic heart disease or another cardiovascular diseases that arise because of specific service-connected amputations. For other conditions, like PTSD veterans are required to provide lay evidence or testimony from people who were close to them in the military, in order to connect their illness to a specific incident that took place during their service.

A pre-existing medical condition can be service-related in the event that it was aggravated because of active duty and not as a natural progression of disease. The best method to demonstrate this is to provide the doctor's opinion that the aggravation was due to service, and not the normal progression of the condition.

Certain injuries and illnesses are believed to have been caused or worsened by service. They are known as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans as well as exposure to radiation for Prisoners of war, and different Gulf War conditions. Some chronic diseases and tropical illnesses are believed to have been caused or caused by service. These are AL amyloidosis, chloracne or other acneform diseases, porphyria cutanea tarda, tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. For anorectal-malformation.org more details on these presumptive conditions, click here.

Appeals

The VA has a procedure for appealing their decision to grant or deny benefits. The first step is filing an appeal called a Notice of Disagreement. If your VA-accredited lawyer does not complete this task for the client, then you must do it yourself. This form is used to tell the VA you disagree with their decision and that you'd like to have a more thorough review of your case.

There are two paths to a more thorough review one of which you should take into consideration. One option is to request a private hearing with an officer from the Decision Review Office at your regional office. The DRO will perform a de novo (no consideration is given to previous decisions) review and either overturn the previous decision or affirm the decision. You may or not be able to present new evidence. Another option is to request an interview before an Veterans Law Judge from the Board of bloomington veterans disability law firm' Appeals in Washington, D.C.

It is crucial to discuss these aspects with your VA-accredited lawyer. They'll have expertise in this field and know the best option for your specific case. They also know the challenges that disabled veterans face and their families, which makes them more effective advocates for you.

Time Limits

You can claim compensation if you suffer from an impairment that you acquired or worsened as a result of serving in the military. You'll need to wait as the VA examines and decides on your application. You could have to wait up to 180 calendar days after submitting your claim before you receive an answer.

There are many factors which can impact the length of time the VA will take to reach an assessment of your claim. How quickly your claim will be considered is mostly determined by the amount of evidence you have submitted. The location of the field office that handles your claim will also impact how long it takes for the VA to review your claim.

The frequency you check in with the VA to check the status of your claim can also affect the time it takes to finish the process. You can accelerate the process by submitting evidence promptly and by providing specific address information for the medical care facilities that you use, and submitting any requested information immediately when it becomes available.

If you think there was an error in the decision made regarding your disability, you can request a more thorough review. This requires you to submit all facts that exist in your case to an experienced reviewer who will determine whether there was an error in the original decision. This review doesn't contain any new evidence.