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How to File a Veterans Disability Claim

The claim of a disabled veteran is a key part of submitting an application for benefits. Many veterans are eligible for tax-free income when their claims are granted.

It's not a secret that VA is behind in the process of processing claims for disability by veterans. The decision could take months or even years.

Aggravation

A veteran might be able to receive compensation for disability due to a condition that was caused by their military service. This kind of claim can be mental or physical. A licensed VA lawyer can help the former soldier to file an aggravated disability claim. A claimant needs to prove via medical evidence or unbiased opinions that their pre-service condition was made worse by active duty.

Typically the most effective method to prove that a pre-service issue was made worse is by obtaining an independent medical opinion by an expert physician who is knowledgeable about the disabled veteran. In addition to a physician's declaration the veteran will need to submit medical records and lay declarations from family members or friends who can confirm the extent of their pre-service injuries.

It is important to note when submitting a claim for disability benefits for veterans that the aggravated conditions must be different from the original disability rating. A disability lawyer can help former service members provide the necessary medical evidence and witness to prove that their original condition wasn't simply aggravated due to military service however, it was much worse than what it would have been had the aggravating factor weren't present.

VA proposes to realign its two "aggravation standards" in its regulations, 38 CFR 3.306 and 3.310. The differing wording of these regulations has caused confusion and controversy in the claims process. Particularly, the inconsistent usage of terms such as "increase in disability" and "any increase in severity" is the cause of disputes and confusion.

Conditions that are associated with Service

For a veteran to qualify for benefits, they must prove that their condition or illness is linked to service. This is known as proving "service connection." Service connection is automatically granted for certain ailments, like Ischemic heart diseases and other cardiovascular diseases that arise because of specific amputations linked to service. For other conditions, like PTSD veterans Disability Lawyer have to present the evidence of laypeople or people who knew them in the military, to connect their illness to a specific incident that took place during their time in service.

A preexisting medical issue could also be service-connected in the case that it was aggravated by their active duty service and not caused by the natural progression of the disease. It is recommended to present the doctor with a report explaining that the deterioration of the condition was caused by service and not the natural progression.

Certain injuries and illnesses may be attributed to or aggravated due to service. These are known as "presumptive diseases." They include exposure to Agent Orange for Vietnam and Korean veterans and radiation exposure in Prisoners of War, as well as numerous Gulf War conditions. Certain chronic diseases and tropical diseases are believed to have been aggravated or caused by service. This includes AL amyloidosis as well as other acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis and Diabetes Mellitus Type 2. For more information about these probable conditions, click here.

Appeals

The VA has a procedure for appeals to appeal their decision regarding whether or not they will grant benefits. The first step is to submit a Notice of Dispute. Your VA-accredited attorney will likely make this filing on your behalf however if not, you are able to file it yourself. This form is used by the VA to let them know that you do not agree with their decision and want a higher level review of your case.

There are two paths to an upper-level review, both of which you must carefully consider. One option is to request a private hearing with the Decision Review Officer in your regional office. The DRO will conduct a de novo appeal (no deference to the decision made previously) and either reverse or uphold the earlier decision. You could be able or not be required to present new evidence. You can also request an appointment with an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

There are many aspects to consider when selecting the most appropriate route for your appeal, so it's crucial to discuss these with your attorney who is accredited by the VA. They will have experience in this area and will know what makes the most sense for your specific case. They also know the issues faced by disabled veterans and can help them become more effective advocates for you.

Time Limits

You can claim compensation if you suffer from an illness that you developed or worsened during your time in the military. You'll need to be patient while the VA evaluates and makes a decision on your claim. It could take as long as 180 days after the claim has been filed before you are given a decision.

There are many variables that can affect how long the VA will take to make an informed decision on your claim. The speed at which your application will be reviewed is largely determined by the amount of evidence you submit. The location of the VA field office which will be evaluating your claim could also impact the time it takes to review your claim.

The frequency you check in with the VA to check the status of your claim could also affect the time it takes to complete the process. You can help speed up the process by submitting your evidence as soon as possible by being specific with your details regarding the address of the medical facilities you use, and sending any requested information as soon as it's available.

You can request a more thorough review if you feel that the decision you were given regarding your disability was unjust. You must submit all of the facts about your case to an experienced reviewer, who can determine whether there was a mistake in the original decision. However, this review cannot include new evidence.