How to File a Veterans Disability Claim

The veteran's claim for disability is an important element of the application for benefits. Many veterans receive tax-free income when their claims are accepted.

It's no secret that VA is a long way behind in 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 an illness that was worsened by their military service. This type of claim is known as an aggravated disability and can be either physical or mental. A qualified VA lawyer can help former service members to file an aggravated disability claim. A claimant needs to prove either through 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 aggravated is through an independent medical opinion by a physician who specializes in the disability of veterans. In addition to the physician's statement, the veteran is required to submit medical records and lay statements from family or friends who can attest to their pre-service condition.

It is essential to note in a claim to be disabled by a veteran that the aggravated conditions must differ from the original disability rating. Disability lawyers can help an ex-servicemember present enough medical evidence and testimony in order to prove that their previous condition wasn't only aggravated due to military service, however, it was much worse than what it would have been had the aggravating factor hadn't been present.

In addressing this issue, VA is proposing to align the two "aggravation" standards in its regulations - 38 CFR 3.306 and 3.310. The difference in the wording of these provisions has created confusion and controversies in the claims process. The inconsistent use of words such as "increased disability" and "any increased severity" are the main cause of litigation.

Service-Connected Conditions

To be eligible for benefits, they must show that their illness or disability is related to their service. This is known as "service connection." For some diseases, such as Ischemic heart disease or other cardiovascular diseases that arise because of services-connected amputations is granted automatically. veterans disability law firm suffering from other ailments such as PTSD are required to provide lay testimony or evidence from people who were close to them during their service to establish a connection between their condition to a specific incident that occurred during their time in the military.

A preexisting medical issue could be a result of service if it was aggravated by active duty and not due to the natural progress of the disease. It is recommended to present a doctor's report that explains that the aggravation of the condition was due to service, not just the natural development of the disease.

Certain injuries and illnesses can be believed to be caused or aggravated by treatment. 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 thought to be aggravated or caused by military service. This includes AL amyloidosis and various acne-related diseases, including Porphyria cutanea Tarda, Multiple Sclerosis Tuberculosis and Diabetes Mellitus Type 2. For more information on these presumptive diseases, click here.

Appeals

The VA has a procedure for appealing their decision on whether or not to grant benefits. The first step is filing a Notice of Disagreement. If your VA-accredited lawyer does not complete this task for you, you are able to complete it on your own. This form is used by the VA to inform them that you do not agree with their decision, and you would like a higher-level review of your case.

You have two options for higher-level review. Both should be considered carefully. You can request a personal meeting with a Decision Review Officer at your local office. The DRO will perform a de novo (no consideration is given to prior decisions) review and either reverse the earlier decision or confirm the decision. You could be able or not required to provide new proof. The other option is to request a hearing with an veterans disability lawsuits Law Judge from the Board of veterans disability lawyer' Appeals in Washington, D.C.

It's important to discuss all of these issues with your VA-accredited lawyer. They have experience and know the best option for your case. They are also aware of the challenges that disabled veterans face which makes them a stronger advocate for you.

Time Limits

You may be eligible for 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 of review and deciding on your claim. You may have to wait up to 180 calendar days after submitting your claim before you receive a decision.

Many factors affect the time it takes for VA to consider your claim. The speed at which your claim will be reviewed is largely determined by the quantity of evidence you have submitted. The location of the VA field office that will be reviewing your claim could also impact the length of time required to review.

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

You can request a higher level review if it is your opinion that the decision made on your disability was unjust. This involves submitting all relevant facts of your case to an expert reviewer who can determine whether there was an error in the original decision. However, this review is not able to include new evidence.