How to File a Veterans Disability Claim

A veteran's disability claim is an essential component of his or her benefit application. Many veterans are eligible for tax-free income when their claims are accepted.

It's no secret that VA is a long way behind in the process of processing disability claims from veterans. A decision can take months or even years.

Aggravation

Veterans may be eligible for disability compensation in the event that their condition was aggravated by their military service. This type of claim may be either mental or physical. A qualified VA lawyer can assist the former service member file an aggravated disability claim. A claimant must demonstrate by proving medical evidence or independent opinions that their pre-service condition was aggravated due to active duty.

Typically the most effective method to prove that a pre-service issue was made worse is by obtaining an independent medical opinion by an expert in the disability of veterans. In addition to the doctor's statement the veteran must also submit medical records and lay statements from family or friends who attest to their pre-service condition.

In a veterans disability claim it is important to keep in mind that the condition being aggravated has to differ from the original disability rating. A disability lawyer can guide the former soldier on how to provide sufficient medical evidence and evidence to show that their health condition was not merely aggravated by military service, but was worse than it would have been had it not been for the aggravating factor.

VA proposes to change its two "aggravation standards" in its regulations, 38 CFR 3.306 and 3.310. The differing language in these provisions has caused confusion and controversy in the claims process. The incongruent use phrases like "increased disability" and "any increased severity" have been the source of litigation.

Conditions of Service

To be eligible for benefits, the veteran must prove that the health or disability was caused by service. This is known as "service connection." For certain conditions, such as ischemic heart disease or other cardiovascular diseases that arise as a result of Amputations that are connected to service, the service connection is automatically granted. veterans disability law firms suffering from other ailments, like PTSD, must provide lay testimony or lay evidence from people who were close to them during their time in the military to connect their condition to an specific event that occurred during their military service.

A pre-existing medical issue can be service-related when it was made worse by active duty and not just the natural progression of disease. The most effective way to prove this is to present the doctor's opinion that the aggravation was due to service and not just the normal development of the condition.

Certain illnesses and injuries may be believed to be caused or aggravated by treatment. These are referred to as "presumptive illnesses." This includes exposure to Agent Orange in Vietnam and Korea veterans disability lawsuits and radiation exposure among Prisoners of War, as well as other Gulf War conditions. Certain chronic diseases and tropical illnesses are believed to have been caused or caused by service. This includes AL amyloidosis as well as other acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis, Tuberculosis and diabetes Mellitus Type 2. Click here for more details about these presumptive illnesses.

Appeals

The VA has a system to appeal their decision to grant or deny benefits. The first step is to file a Notice of Disagreement. If your lawyer who is accredited by the VA does not do this for you, you are able to complete the process on your own. This form is used by the VA to inform them that you do not agree with their decision and would like a more thorough review of your case.

There are two options for a higher-level review that you should carefully consider. One option is to request a hearing with a Decision Review Officer at your regional office. The DRO will conduct a de novo appeal (no deference given to the previous decision) and then either reverse or affirm the earlier decision. It is possible that you will be able not be required to present new evidence. The alternative is to request an appointment with a Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.

It is important to discuss these issues with your lawyer who is accredited by the VA. They're experienced and know what is best for your case. They are also aware of the difficulties that disabled veterans face, which can make them an effective advocate on your behalf.

Time Limits

You may be eligible for compensation if you suffer from an impairment that you acquired or worsened as a result of serving in the military. But you'll have to be patient during the VA's process for taking a look at and deciding on your application. It could take up to 180 days after your claim is filed before you are given an answer.

Many factors influence the time it takes for VA to consider your claim. How quickly your claim will be evaluated is largely determined by the volume of evidence you submit. The location of the VA field office that will be reviewing your claim can also impact how long it takes.

How often you check in with the VA regarding the status of your claim could affect the time it takes to process your claim. You can help accelerate the process by submitting evidence as soon as you can and being specific in your details regarding the address of the medical facilities you use, and submitting any requested information as soon as it is available.

If you believe there has been an error in the decision made regarding your disability, you may request a more thorough review. This means that you submit all the evidence in your case to an expert reviewer who can determine if there was an error in the original decision. This review does not contain any new evidence.