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How to File a Veterans Disability Claim

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

It's not a secret that the VA is a long way behind in the process of processing disability claims made by veterans disability lawyer. The process can take months or even years.

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 is referred to as an aggravated disability. It could be either mental or physical. A qualified VA lawyer can help the former soldier make an aggravated disability claim. A claimant has to prove by proving medical evidence or independent opinions that their condition prior to service was made worse by active duty.

A physician who is an expert on the condition of the veteran will be able to provide an independent medical opinion proving the seriousness of the pre-service condition. In addition to the doctor's opinion, the veteran is required to submit medical records as well as lay statements from family or friends who attest to their pre-service condition.

In a claim for disability benefits for veterans it is crucial to remember that the aggravated condition has to be different from the original disability rating. An attorney who is a disability attorney can help the former service member on how to present sufficient medical evidence and evidence to show that their original condition was not only aggravated through military service, but was worse than it would have been without the aggravating factor.

In order to address this issue, VA proposes to re-align the two "aggravation" standards in its regulations - 38 CFR 3.306 and 3.310. The differences in the language of these provisions has caused confusion and disagreement regarding the claims process. Specifically, the incongruent use of terms like "increase in disability" and "any increase in severity" is the cause of litigation and confusion.

Conditions that are associated with Service

For a veteran to qualify for benefits, they must prove that their condition or illness is connected to service. This is called showing "service connection." Service connection is granted automatically for certain ailments, like Ischemic heart diseases and other cardiovascular disease that develops as a result specific service-connected amputations. Veterans suffering from other conditions, like PTSD need to provide the evidence of lay witnesses or from those who were their friends during their service to link their condition to a specific incident that occurred during their military service.

A pre-existing medical condition can be a result of service in the case that it was aggravated due to active duty service, and not the natural progression of the disease. It is recommended to present an explanation from a doctor that the deterioration of the condition was due to service and not the natural progress of the disease.

Certain injuries and illnesses may be thought to be caused or aggravated because of 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, as well as other Gulf War conditions. Certain chronic illnesses and tropical diseases are presumed to have been caused or worsened by military service. These include AL amyloidosis and chloracne as well as other acne-related disorders and porphyria cutsanea tarda tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. Click here for more details regarding these presumptive diseases.

Appeals

The VA has a procedure for appeals to appeal their decision on whether or not to grant benefits. The first step is to file an appeal called a Notice of Disagreement. If your lawyer is certified by VA and does not complete this task for you, you are able to do it yourself. This form is used to notify the VA that you are not satisfied with their decision and you'd like to have a more thorough review of your case.

There are two options for an upscale review one of which you should consider carefully. One option is to request a personal hearing with the Decision Review Officer in your regional office. The DRO will conduct a review de novo (no deference given to the earlier decision) and either reverse or uphold the earlier decision. You may be able or not required to provide new proof. Another option is to request an interview with a Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.

It is essential to discuss these aspects with your VA-accredited lawyer. They're experienced and will know the best route for your situation. They are also aware of the challenges faced by disabled veterans, which makes them a better advocate for you.

Time Limits

You can seek compensation if you suffer from a disability that you acquired or worsened as a result of serving in the military. But you'll have to be patient when it comes to the process of reviewing and deciding on the merits of your claim. You could have to wait up to 180 calendar days after submitting your claim to receive an answer.

There are a variety of factors which can impact the length of time the VA will take to reach a decision on your claim. The amount of evidence you submit will play a significant role in the speed at which your claim is reviewed. The location of the VA field office which will be reviewing your claim could also impact the length of time required to review.

Another factor that can affect the time it takes for your claim to be processed is how often you contact the VA to check on its progress. You can speed up the claim process by providing all evidence as fast as you can, and providing specific information regarding the medical facility you use, and sending any requested details.

If you believe that there was a mistake in the decision on your disability, then you can request a higher-level review. You will need to submit all the facts regarding your case to a knowledgeable reviewer who will determine whether there an error in the initial decision. This review does not include any new evidence.