How to File a Veterans Disability Claim

The veteran's claim for disability is a key part of the application for benefits. Many veterans who have their claims approved receive additional monthly income that is tax-free.

It's no secret that VA is way behind in processing disability claims made by veterans disability lawyer. A decision can take months or even years.

Aggravation

A veteran might be able to claim disability compensation for the condition that was worsened due to their military service. This kind of claim is known as an aggravated impairment and can be either mental or physical. A competent VA lawyer can assist a former servicemember to file an aggravated disability claim. The claimant must demonstrate, with medical evidence or an independent opinion, that their medical condition prior to service was made worse due to active duty.

A physician who is an expert on the veteran's disability can provide an independent medical opinion proving the severity of the condition prior to service. In addition to the doctor's report, the veteran must also submit medical records and lay statements from family or friends who attest to their pre-service condition.

It is crucial to remember when submitting a claim for disability benefits for veterans that the conditions that are aggravated must be different from the initial disability rating. A disability lawyer can assist a former servicemember provide enough medical evidence and testimonies to show that their initial condition wasn't just aggravated because of military service, but it was worse than it would have been if the aggravating factor weren't present.

VA proposes to rewrite its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The different wording in these regulations has led to confusion and controversies during the claims process. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the source of litigation.

Service-Connected Terms

In order for a veteran to be eligible for benefits, they must demonstrate that their disability or illness is connected to service. This is referred to as "service connection." For certain conditions, such as ischemic heart disease or other cardiovascular diseases that arise due to specific services-connected amputations is automatically granted. For other conditions, like PTSD, veterans must provide lay evidence or testimony from those who knew them during the military, to link their illness to a specific incident that occurred during their time of service.

A pre-existing medical problem can also be service related if it was aggravated because of active duty and not just the natural progression of the disease. It is best to submit a doctor's report that explains that the deterioration of the condition was due to service, and not the natural progress of the disease.

Certain injuries and illnesses are presumed to have been caused or worsened by service. 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. Some chronic diseases and tropical diseases are also suspected to have been caused or aggravated by service. This includes AL amyloidosis as well as other acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis Tuberculosis as well as Diabetes Mellitus Type 2. For more information on these probable conditions, click here.

Appeals

The VA has a process to appeal their decision regarding whether or not they will grant benefits. The first step is to file a Notice of Disagreement. If your lawyer is certified by VA and does not take this step for you, then you're 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 would prefer a more thorough review of your case.

There are two options available for a more thorough review. Both options should be considered carefully. You can request a private meeting with an official from the Decision Review Office at your local office. The DRO will conduct a de novo appeal (no deference given to the earlier decision) and either overturn or confirm the earlier decision. You could be able or not required to provide new proof. You can also request an interview with an Veterans Law judge at the Board of veterans disability Lawyer' Appeals, Washington D.C.

It is important to discuss these issues with your VA-accredited lawyer. They will have experience in this field and know the best option for your particular situation. They are also aware of the difficulties that disabled veterans disability law firms face which makes them more effective advocates on your behalf.

Time Limits

If you suffer from a disability that was incurred or worsened during military service, then you could file a claim in order to receive compensation. But you'll have to be patient when it comes to the VA's process of review and deciding on the merits of your claim. You could have to wait up to 180 calendar days after filing your claim before you get an answer.

Many factors can influence how long it takes the VA to consider your claim. The speed at which your application will be reviewed is largely determined by the amount of evidence you provide. The location of the VA field office which will be reviewing your claim can also influence the time it takes to review your claim.

Another aspect that could affect the time it takes for your claim to be processed is how often you contact the VA to check on the progress of your claim. You can speed up the process by submitting your evidence promptly by being specific with your details regarding the address of the medical facilities you use, and sending any requested information as soon as it is available.

You could request a higher-level review if you feel that the decision based on your disability was unjust. This means that you submit all the evidence in your case to an experienced reviewer who will determine whether there was a mistake in the original decision. This review does not contain any new evidence.