How to File a Veterans Disability Claim

A veteran's disability claim is a crucial part of his or her benefit application. Many veterans who have their claims accepted receive an additional monthly income that is tax-free.

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

Aggravation

Veterans may be qualified for disability compensation if their condition was aggravated due to their military service. This type of claim could be either mental or physical. A VA lawyer who is competent can assist a former military member file an aggravated disabilities claim. A claimant has to prove through medical evidence or independent opinions, that their pre-service medical condition was aggravated due to active duty.

A physician who is an expert in the condition of the veteran will be able to provide an independent medical opinion proving the severity of the pre-service illness. In addition to the physician's statement, the veteran must also provide medical records and statements from relatives or friends who can attest to their pre-service condition.

In a veterans disability claim it is important to remember that the condition being aggravated has to differ from the original disability rating. A disability lawyer can assist former service members provide the necessary medical evidence and testimony to show that their initial condition wasn't merely aggravated due to military service, however, it was much worse than it would have been had the aggravating factor had not been present.

VA proposes to change its two "aggravation standards" in its regulations, 38 CFR 3.306 and 3.310. The different language of these provisions has created confusion and controversy in the process of claiming. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the root of litigation.

Service-Connected Terms

In order for a veteran to be eligible for benefits, they must demonstrate that their illness or disability is connected to service. This is referred to as proving "service connection." Service connection is automatically granted for certain conditions, such ischemic heart diseases or other cardiovascular disease that develops because of specific service-connected amputations. Veterans suffering from other ailments such as PTSD and PTSD, are required to provide witness testimony or lay evidence from people who knew them during their service to establish a connection between their condition to an specific incident that occurred during their time in the military.

A preexisting medical condition could be a result of service in the case that it was aggravated by their active duty service and not through natural progress of the disease. It is best to provide the doctor with a report explaining that the aggravation of the condition was due to service, not just the natural development of the disease.

Certain injuries and illnesses may be believed to be caused or aggravated due to service. These are called "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans, radiation exposure in Prisoners of War, as well as other Gulf War conditions. Some chronic illnesses and tropical diseases are also believed to have been caused or worsened by military service. This includes AL amyloidosis as well as other acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis as well as Diabetes Mellitus Type 2. For more information about these presumptive conditions, visit here.

Appeal

The VA has a procedure to appeal their decision on the issue of whether or not to grant benefits. The first step is to file an appeal called a Notice of Disagreement. Your VA-accredited attorney may submit this form on your behalf but if not, you can file it yourself. This form is used to notify the VA you disagree with their decision and that you'd like to have a more thorough review of your case.

There are two options to request higher-level review. Both should be considered carefully. One is to request a private hearing with an officer from the Decision Review Office at your regional office. The DRO will conduct a de novo (no consideration is given to prior decisions) review and either overturn the earlier decision or confirm the decision. You may be able or not required to provide new proof. You can also request an appointment with an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It's important to discuss all of these issues with your VA-accredited lawyer. They have experience and will know the best route for your case. They are also well-versed in the difficulties that disabled veterans disability attorney face and their families, which makes them a better advocate for you.

Time Limits

You may be eligible for compensation if you have an impairment that you acquired or worsened while serving in the military. But you'll need to be patient during the VA's process of taking a look at and deciding on the merits of your claim. You may have to wait up to 180 calendar days after filing your claim before you receive an answer.

There are a variety of factors that can affect how long the VA will take to make a decision on your claim. The speed at which your claim will be evaluated is largely determined by the volume of evidence you have submitted. The location of the field office responsible for your claim can also influence how long it takes for the VA to review your claim.

How often you check in with the VA on the status of your claim can also affect the time it takes to process. You can help accelerate the process by submitting proof whenever you can, being specific in your address details for the medical care facilities that you use, and sending any requested information when it becomes available.

If you believe there has been a mistake in the determination of your disability, you can request a higher-level review. You'll have to submit all the facts regarding your case to a knowledgeable reviewer, who will determine whether there was a mistake in the original decision. This review does not include any new evidence.