How to File a Veterans Disability Claim

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

It's not a secret that VA is behind in processing disability claims of veterans. A decision can take months or even years.

Aggravation

Veterans could be eligible for disability compensation if their condition was aggravated by their military service. This type of claim is referred to as an aggravated disability and can be either mental or physical. A VA lawyer who is qualified can assist an ex-military member submit an aggravated disabilities claim. A claimant must prove using medical evidence or independent opinions that their pre-service medical condition was made worse through active duty.

A physician who is an expert on the condition of the veteran will be able to provide an independent medical opinion that will demonstrate the severity of the pre-service condition. In addition to a doctor's statement in addition, the veteran will require medical records as well as lay statements from friends or family members who can testify to the seriousness of their pre-service ailments.

It is essential to note in a veterans disability claim that the conditions that are aggravated must be different than the original disability rating. Disability lawyers can help an ex-servicemember present enough medical evidence and testimonies to prove that their previous condition wasn't only aggravated because of military service, however, it was much worse than what it would have been had the aggravating factor weren't present.

In order to address this issue, VA is proposing to change the two "aggravation" standards within its regulations 38 CFR 3.306 and 3.310. The different language of these provisions has caused confusion and controversy during the process of filing claims. Particularly, the inconsistent use of terms such as "increase in disability" and "any increase in severity" has been the cause of disputes and confusion.

Service-Connected Terms

To qualify a veteran for benefits, they must prove that their disability or illness is connected to service. This is known as "service connection." For some diseases, such as Ischemic heart disease and other cardiovascular diseases that arise due to specific service-connected amputations, service connection is automatically granted. For other conditions, such as PTSD veterans have to present the evidence of laypeople or those who knew them during the military, to connect their illness to a specific incident that occurred during their time of service.

A pre-existing medical issue can also be service related when it was made worse by active duty, and not the natural progression of disease. It is best to provide a doctor's report that explains that the aggravation of the condition was caused by service, not just the natural progression.

Certain ailments and injuries are believed to be caused or aggravated due to service. These are referred to as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans and radiation exposure among Prisoners of War, as well as other Gulf War conditions. Some chronic diseases and tropical illnesses are believed to have been caused or triggered by service. This includes AL amyloidosis, as well as other acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis Tuberculosis, and Diabetes Mellitus Type 2. For more information on these probable conditions, click here.

Appeals

The VA has a procedure for appealing their decision to grant or deny benefits. The first step is filing a Notice Of Disagreement. If your VA-accredited lawyer does not complete this task for you, then you can complete the process on your own. This form is used by the VA to let them know that you are not satisfied with their decision and you would like a higher-level review of your case.

There are two options for a higher-level review one of which you should carefully consider. One is to request a personal hearing with an officer from the Decision Review Office at your regional office. The DRO will conduct a de novo review (no deference to the previous decision) and either overturn or affirm the earlier decision. You may or may not be allowed to submit new evidence. The other path is to request an interview before a Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.

It is essential to discuss these issues with your VA-accredited attorney. They have experience and will know the best route for your situation. They also know the difficulties that disabled veterans face and can be more effective advocates for you.

Time Limits

You may be eligible for compensation if you have an illness that you developed or worsened as a result of serving in the military. It is important to be patient as the VA evaluates and makes a decision on your claim. You may have to wait up to 180 calendar days after submitting your claim before you receive an answer.

Many factors can influence the time it takes for VA to decide on your claim. How quickly your application will be considered is mostly determined by the amount of evidence you have submitted. The location of the field office handling your claim will also affect the time it will take for the VA to review your claims.

Another factor that could affect the time it takes for your claim to be processed is the frequency at which you contact the VA to inquire about its progress. You can accelerate the process by sending all documentation as quickly as you can. You should also provide specific information about the medical care facility you use, as well as providing any requested information.

You could request a higher-level review if you feel that the decision made on your disability was not correct. This means that you submit all the relevant facts of your case to an expert reviewer who can determine if there was an error in the original decision. However, this review is not able to include new evidence.