How to File a Veterans Disability Claim

A veteran's disability claim is a crucial element of their benefit application. Many veterans are eligible for tax-free income when their claims are approved.

It's not a secret that the VA is way behind in the process of processing disability claims for veterans. It could take months, even years, for a final decision to be made.

Aggravation

A veteran may be able get disability compensation in the event of a condition worsened by their military service. This kind of claim can be physical or mental. A VA lawyer who is certified can help a former military member file an aggravated disabilities claim. A claimant needs to prove, through medical evidence or independent opinions that their condition prior to service was made worse by active duty.

Typically the most effective method to prove that a pre-service issue was aggravated is to obtain an independent medical opinion from an expert in the disability of veterans. In addition to a doctor's statement in addition, the veteran will require medical records and vimeo lay declarations from family members or friends who are able to confirm the severity of their pre-service conditions.

In a veterans disability claim it is important to keep in mind that the condition that is aggravated must be distinct from the initial disability rating. A disability attorney can advise the former service member on how to provide sufficient medical evidence and testimony to establish that their original condition was not only caused by military service, but was worse than it would have been had it not been for the aggravating factor.

In addressing this issue VA is proposing to realign the two "aggravation" standards within its regulations - 38 CFR 3.306 and 3.310. The different wording in these provisions has caused confusion and Vimeo disagreement during the claims process. The incongruent use phrases like "increased disability" and "any increased severity" have been the source of litigation.

Conditions Associated with Service

In order for a veteran to be eligible for benefits, they must prove that their condition or illness is related to their service. This is referred to as proving "service connection." Service connection is automatically granted in certain circumstances, including Ischemic heart diseases and other cardiovascular disease that develops because of specific amputations linked to service. Veterans suffering from other conditions, like PTSD need to provide the evidence of lay witnesses or from people who were close to them during their time in service to connect their condition to a specific event that occurred during their military service.

A pre-existing medical problem can be a result of service if it was aggravated due to active duty service and not due to the natural progression of the disease. The best way to demonstrate this is to provide an opinion from a doctor that states that the aggravation was due to service and not just the normal progression of the disease.

Certain injuries and illnesses can be believed to be caused or aggravated by treatment. These are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in Prisoners of War, and other Gulf War conditions. Certain chronic diseases and tropical diseases are also suspected to have been caused or aggravated from service. These include AL amyloidosis and chloracne as well as other acne-related disorders Porphyria Cutanea Tighta, tuberculosis and multiple sclerosis and diabetes mellitus type 2. For more information about these presumptive conditions, click here.

Appeal

The VA has a system for appealing their decision on whether or not to award benefits. The first step is to submit a Notice of Disagreement. If your VA-accredited lawyer will not complete this task for you, then you can do it on your own. This form is used by the VA to inform them that you are not satisfied with their decision and would like a more thorough review of your case.

There are two options for a more thorough review. Both should be carefully considered. One is to request a hearing with a Decision Review Officer from your regional office. The DRO will conduct an in-person (no consideration is given to prior decisions) review and either reverse the earlier decision or maintain it. You might or may not be able submit new evidence. The other option is to request a hearing before an Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

It is crucial to discuss all of these factors with your VA-accredited lawyer. They'll have experience and know what's best for your case. They also understand the challenges faced by disabled veterans disability law firm, which can make them an effective advocate for you.

Time Limits

You can seek compensation if you have a disability that you acquired or worsened as a result of serving in the military. It is important to be patient while the VA reviews and decides on your claim. It could take as long as 180 days after your claim is filed before you get an answer.

There are many variables that can affect how long the VA will take to reach an assessment of your claim. How quickly your claim will be evaluated is largely determined by the amount of evidence you provide. The location of the VA field office that will be reviewing your claim could also impact how long it takes.

The frequency you check in with the VA to see the status of your claim can affect the time it takes to complete the process. You can accelerate the process by submitting evidence as soon as possible and being specific in your address information for the medical care facilities you use, and submitting any requested information when it becomes available.

You may request a higher-level review if it is your opinion that the decision based on your disability was incorrect. This involves submitting all facts that exist in your case to an experienced reviewer who will determine whether there was a mistake in the original decision. However, this review is not able to include any new evidence.