How to File a Veterans Disability Claim

A veteran's disability claim is an important component of his or her benefit application. Many veterans receive tax-free income after their claims are approved.

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

Aggravation

A veteran could be eligible to claim disability compensation for a condition worsened by their military service. This type of claim could be either mental or physical. A VA lawyer who is qualified can help an ex-military personnel submit an aggravated disabilities claim. A claimant must demonstrate via medical evidence or unbiased opinions that their pre-service condition was aggravated due to active duty.

A doctor who is an expert in the veteran's disability can provide an independent medical opinion which will prove the seriousness of the pre-service condition. In addition to a doctor's report the veteran will also need to submit medical records as well as lay statements from friends or family members who can confirm the severity of their pre-service condition.

In a veterans disability claim it is crucial to be aware that the aggravated condition must be different from the original disability rating. Disability lawyers can help the former service member provide sufficient medical evidence and testimony in order to show that their initial condition wasn't merely aggravated due to military service, but it was worse than what it would have been had the aggravating factor wasn't present.

In addressing this issue, VA is proposing to change the two "aggravation" standards within its regulations - 38 CFR 3.306 and 3.310. The difference in the wording of these provisions has created confusion and debate in the process of claiming. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the cause of litigation.

Service-Connected Terms

To be eligible for benefits, they have to prove that their condition or illness is related to service. This is referred to as "service connection." Service connection is granted automatically for certain conditions, like Ischemic heart diseases or any other cardiovascular diseases that arise as a result specific amputations linked to service. Veterans suffering from other ailments like PTSD are required to provide the evidence of lay witnesses or from those who knew them during their time in service to connect their condition to a specific incident that occurred during their time in the military.

A preexisting medical condition may also be service-related in the case that it was aggravated through active duty and not by natural progression of the disease. It is best to submit an explanation from a doctor that the deterioration of the condition was due to service, and not the natural progression of the disease.

Certain ailments and injuries are believed to have been caused or worsened by service. These are referred to as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans, radiation exposure in Prisoners of War and various Gulf War conditions. Certain chronic diseases and tropical illnesses are assumed to have been aggravated or triggered by service. These include AL amyloidosis, chloracne, other acne-related conditions Porphyria Cutanea Tighta, tuberculosis, multiple sclerosis and diabetes mellitus type 2. Click here to learn more regarding these presumptive diseases.

Appeal

The VA has a system to appeal their decision to grant or deny benefits. The first step is to submit a Notice of Dispute. The VA-accredited attorney you have chosen will submit this form on your behalf however if not, you can do it yourself. This form is used to notify the VA that you are not satisfied with their decision and that you'd like to have a more thorough review of your case.

You have two options for a more thorough review. Both should be considered carefully. You can request a personal meeting with a Decision Review Officer in your local office. The DRO will perform an in-person (no consideration is given to prior decisions) review and either reverse the earlier decision or uphold it. You could be able or not to submit new proof. The other path is to request a hearing before a veterans disability lawyers Law Judge at the Board of Veterans' Appeals in Washington, D.C.

It is crucial to discuss all of these issues with your VA-accredited attorney. They will have experience in this area and will know what makes the most sense for your particular case. They are also familiar with the challenges that disabled veterans disability lawyer face and can be a better advocate for you.

Time Limits

If you suffer from a condition that was acquired or worsened in the military, you can file a claim to receive compensation. You'll need to be patient as the VA examines and decides on your claim. It could take up to 180 calendar days after filing your claim to receive an answer.

There are many variables that affect the time the VA will take to reach a decision on your claim. The amount of evidence submitted will play a major role in how quickly your claim is considered. The location of the field office that is responsible for your claim will also affect the time it will take for the VA to review your claims.

How often you check in with the VA to check the status of your claim could influence the time it takes to process your claim. You can help accelerate the process by providing evidence whenever you can, being specific in your address details for the medical facilities you utilize, and providing any requested information as soon as it's available.

If you believe that there has been an error in the determination of your disability, then you can request a more thorough review. You'll need to provide all the details of your case to an experienced reviewer who will determine whether there an error Veterans disability lawyer in the initial decision. This review does not include any new evidence.

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