How to File a Veterans Disability Claim

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

It's no secret that VA is behind in the process of processing claims for disability by veterans. The decision could take months or even years.

Aggravation

Veterans may be entitled to disability compensation if their condition was aggravated due to their military service. This kind of claim can be physical or mental. A VA lawyer who is competent can help an ex-military personnel file an aggravated disabilities claim. A claimant needs to prove, through medical evidence or unbiased opinions that their condition prior to service was made worse by active duty.

A physician who is an expert in the condition of the veteran can provide an independent medical opinion that will demonstrate the severity of the pre-service condition. In addition to the doctor's opinion, the veteran will also need to submit medical records and lay statements from friends or family members who can attest to the severity of their pre-service conditions.

In a claim for a disability benefit for veterans it is essential to keep in mind that the aggravated condition must differ from the original disability rating. Disability lawyers can help an ex-servicemember present enough medical evidence and testimonies to prove that their original condition wasn't only aggravated because of military service, but that it was more severe than what it would have been if the aggravating factor hadn't been present.

In addressing this issue VA is proposing to realign the two "aggravation" standards contained in its regulations 38 CFR 3.306 and 3.310. The different wording in these regulations has led to confusion and disagreement during the process of making claims. Specifically, the incongruent use of phrases such as "increase in disability" and "any increase in severity" is the cause of disputes and confusion.

Service-Connected Terms

To be eligible for benefits, they have to prove that their disability or illness is related to their service. This is known as showing "service connection." Service connection is automatically granted for certain conditions, like ischemic heart diseases or other cardiovascular diseases that develop as a result specific amputations that are connected to service. Veterans suffering from other conditions, like PTSD, must provide lay testimony or lay evidence from people who knew them during their service to link their condition with a specific incident that occurred during their time in the military.

A pre-existing medical issue can be a service-related issue in the event that it was aggravated because of active duty and not as a natural progression of disease. It is recommended to present an official report from a doctor that explains that the deterioration of the condition was caused by service, not just the natural progression.

Certain injuries and illnesses can be thought to be caused or aggravated by treatment. These are referred to as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in prisoner of war, and different Gulf War conditions. Certain chronic diseases and tropical diseases are assumed to have been aggravated or caused by military service. These include AL amyloidosis, chloracne or other acne-related conditions such as porphyria cutanea tarda tuberculosis, multiple sclerosis and diabetes mellitus type 2. Click here for more information about these presumptive illnesses.

Appeal

The VA has a procedure for appeals to appeal their decision on the issue of whether or not to grant benefits. The first step is filing an appeal called a Notice of Disagreement. Your VA-accredited attorney will likely file this on your behalf but if not, you can file it yourself. This form is used by the VA to inform them that you do not agree with their decision, and would prefer a more thorough review of your case.

There are two options for higher-level review. Both should be considered carefully. You can request a private meeting with an official from the Decision Review Office at your local office. The DRO will perform a de novo (no review is given to previous decisions) review and either overturn the earlier decision or confirm it. You may or may not be allowed to submit new evidence. The other path is to request an appointment before a Veterans Law Judge from the Board of veterans disability lawyers' Appeals in Washington, D.C.

There are many aspects to consider when selecting the most appropriate route for your appeal, so it's important to discuss these options with your attorney who is accredited by the VA. They're experienced and know what is best for your case. They are also well-versed in the challenges that disabled veterans disability law firms face and can be an ideal advocate for you.

Time Limits

You can seek compensation if you have an impairment that you acquired or worsened as a result of serving in the military. But you'll need to be patient during the VA's process for reviewing and deciding on your application. You may need to wait up to 180 calendar days after filing your claim before you receive an answer.

There are many factors that affect the time the VA is able to make an informed decision on your claim. The speed at which your claim will be evaluated is largely determined by the amount of evidence that you submit. The location of the VA field office that will be reviewing your claim could also impact the length of time it takes.

How often you check in with the VA regarding the status of your claim could affect the length of time it takes to finish the process. You can speed up the claim process by sending all documentation as quickly as you can. You should also provide specific details regarding the medical center you use, and providing any requested information.

If you think there has been an error in the decision on your disability, you can request a higher-level review. You must submit all the facts regarding your case to a knowledgeable reviewer, who will determine whether there an error in the original decision. However, this review can't include new evidence.