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How to File a Veterans Disability Claim

A veteran's disability claim is an essential part of his or her benefit application. Many veterans who have their claims accepted receive a monthly income which is tax-free.

It's no secret that VA is a long way behind in the process of processing disability claims for veterans. It can take months or even years, for a final decision to be made.

Aggravation

A veteran might be able get disability compensation in the event of a condition that was worsened due to their military service. This kind of claim can be physical or mental. A competent VA lawyer can help the former service member file an aggravated disability claim. A claimant must demonstrate either through medical evidence or independent opinions that their pre-service condition was made worse by active duty.

A doctor who is an expert in the disability of the veteran can offer an independent medical opinion that will demonstrate the severity of the pre-service condition. In addition to the doctor's statement the veteran must also provide medical records as well as statements from family members or friends who can attest to their pre-service condition.

It is crucial to remember in a veterans disability claim that the aggravated condition must be different from the initial disability rating. A disability lawyer can assist a former servicemember provide enough medical evidence and testimony to establish that their original condition wasn't simply aggravated due to military service, but was also more severe than it would have been if the aggravating factor hadn't been 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 differences in the language of these provisions has led to confusion and debate regarding the claims process. Specifically, the incongruent use of terms such as "increase in disability" and "any increase in severity" has been the cause of litigation and uncertainty.

Service-Connected Terms

To qualify a veteran for benefits, they must show that their illness or disability is related to service. This is known as "service connection." For some ailments, like ischemic heart disease, or other cardiovascular diseases that arise as a result of service-connected amputations, a service connection is automatically granted. For other conditions, such as PTSD, veterans must provide the evidence of laypeople or people who knew them in the military, in order to connect their illness to a specific incident that occurred during their service.

A preexisting medical issue could also be service-connected in the case that it was aggravated by their active duty service and not by natural progression of the disease. The best method to demonstrate this is to provide 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 believed to be caused or aggravated by treatment. These are called "presumptive illnesses." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in prisoners of War and various Gulf War conditions. Certain chronic illnesses and tropical diseases are also believed to have been caused or worsened by military service. These include AL amyloidosis and chloracne as well as other acneform diseases Porphyria Cutanea Tighta, multiple sclerosis, tuberculosis, and diabetes mellitus type 2. Click here to learn more about these presumptive diseases.

Appeals

The VA has a process to appeal their decision regarding whether or not to grant benefits. The first step is filing a Notice of Disagreement. The VA-accredited attorney you have chosen will complete this for you but if not, you are able to file it yourself. This form is used by the VA to let them know that you are not satisfied with their decision, and want a higher level review of your case.

There are two options for an additional level review. Both options should be carefully considered. One option is to request a personal hearing with a Decision Review Officer from your regional office. The DRO will conduct an in-person (no consideration of previous decisions) review and either reverse the previous decision or affirm the decision. You could or might not be able to present new evidence. The alternative is to request a hearing with a Veterans Law Judge from the Board of veterans disability Lawyer' Appeals in Washington, D.C.

It is essential to discuss these aspects with your lawyer who is accredited by the VA. They'll have expertise in this area and will know the best option for your particular situation. They are also aware of the difficulties faced by disabled veterans which makes them 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 to receive compensation. It is important to be patient while the VA examines and decides on your claim. You may need to wait up to 180 calendar days after submitting your claim to receive an answer.

There are many variables that affect the time the VA is able to make an informed decision on your claim. The amount of evidence submitted will play a major role in how quickly your application is evaluated. The location of the field office that handles your claim will also impact the time it will take for the VA to review your claims.

Another factor that can affect the time required for your claim to be processed is the frequency at which you contact the VA to check on the progress of your claim. You can help accelerate the process by submitting your evidence as soon as you can by being specific with your address details for the medical facilities you use, and sending any requested information as soon as it is available.

If you believe there has been a mistake in the decision made regarding your disability, you are able to request a higher-level review. This requires you to submit all relevant facts of your case to a senior reviewer who can determine whether there was an error in the original decision. The review doesn't include any new evidence.