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How to File a Veterans Disability Claim

A veteran's disability claim is a critical component of his or her benefit application. Many veterans who have their claims approved receive additional income each month that is tax-free.

It's not a secret that VA is behind in processing veteran disability claims. It can take months or even years, for a decision to be made.

Aggravation

veterans disability law firm could be entitled to disability compensation if their condition was aggravated due to their military service. This type of claim is called an aggravated disability. It could be either physical or mental. A licensed VA lawyer can help the former service member to file an aggravated disability claim. A claimant must show, with medical evidence or independent opinions that their medical condition prior to serving was made worse due to active duty.

Typically the most effective way to prove that a condition prior to service was aggravated is through an independent medical opinion by an expert physician who is knowledgeable about the condition of the veteran. In addition to a physician's declaration, the veteran will also be required to provide medical records and lay declarations from family or friends who can attest to the severity of their pre-service condition.

It is important to note in a veterans disability claim that the aggravated condition must be different from the original disability rating. A disability lawyer can guide a former servicemember on how to provide sufficient medical evidence and proof that their original condition was not just aggravated through military service, but was worse than it would have been had it not been for the aggravating factor.

In order to address this issue, VA proposes to re-align the two "aggravation" standards contained in its regulations 38 CFR 3.306 and 3.310. The different wording in these provisions has caused confusion and controversy in the process of claiming. Particularly, the inconsistent use of terms such as "increase in disability" and "any increase in severity" has been the source of disputes and confusion.

Service-Connected Terms

In order for a veteran to be eligible for benefits, they must show that their illness or disability is related to service. This is known as proving "service connection." For certain diseases, such as Ischemic heart disease or other cardiovascular diseases that arise because of Amputations that are connected to service, the service connection is automatically granted. Veterans with other conditions such as PTSD and PTSD, are required to provide lay testimony or lay evidence from those who knew them during their time in the military to connect their condition to an specific incident that occurred during their military service.

A pre-existing medical condition can be service-related in the case that it was aggravated due to active duty service and not as a natural progression of the disease. The most effective method to prove this is to present a doctor's opinion that states that the aggravation was due to service and not the normal progress of the condition.

Certain injuries and illnesses are presumed to have been caused or aggravated by the service. These are referred to as "presumptive illnesses." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in Prisoners of War and other Gulf War conditions. Some chronic illnesses and tropical diseases are believed to have been resulted or aggravated by military service. These include AL amyloidosis, chloracne or other acneform diseases such as porphyria cutanea tarda tuberculosis and multiple sclerosis and diabetes mellitus type 2. Click here for more information about these presumptive illnesses.

Appeal

The VA has a system for appealing their decision to grant or deny benefits. The first step is to file an appeal called a Notice of Disagreement. Your VA-accredited attorney is likely to file this on your behalf however if not, you can file it yourself. This form is used by the VA to let them know that you do not agree with their decision, and would like a more thorough review of your case.

There are two ways to get an upper-level review, both of which you must 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 an de novo review (no deference given to the earlier decision) and then either reverse or confirm the earlier decision. You may be able or not required to submit a new proof. You may also request an interview with a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It is essential to discuss all of these issues with your VA-accredited attorney. They'll have expertise in this field and know what makes the most sense for your particular situation. They are also familiar with the challenges faced by disabled veterans disability attorneys, which makes them more effective advocates for you.

Time Limits

If you suffer from a condition that was acquired or worsened during military service, then you could file a claim in order to receive compensation. However, you'll need to be patient when it comes to the VA's process of review and deciding on your claim. It could take up to 180 calendar days after filing your claim before you receive an answer.

Many factors influence the time it takes for the VA to make a decision on your claim. How quickly your application will be considered is mostly determined by the volume of evidence that you submit. The location of the VA field office that will be reviewing your claim will also affect the length of time required to review.

Another factor that can impact 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 providing evidence as soon as you can, being specific in your information regarding the addresses of the medical care facilities you utilize, and providing any requested information immediately when it becomes available.

You can request a higher level review if it is your opinion that the decision based on your disability was unjust. This requires you to submit all facts that exist in your case to an expert reviewer who can determine whether there was a mistake in the original decision. This review doesn't contain any new evidence.