How to File a veterans disability (browse around this site) Claim

The claim of disability for a veteran is an important component of the application process for benefits. Many veterans who have their claims approved receive additional monthly income which is tax-free.

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

Aggravation

A veteran could be eligible get disability compensation in the event of a condition that was made worse by their military service. This type of claim is known as an aggravated impairment and can be mental or physical. A VA lawyer who is qualified can assist a former military member make an aggravated disability claim. A claimant needs to prove by proving medical evidence or independent opinions that their pre-service condition was aggravated due to active duty.

Typically the most effective method to prove that a pre-service issue was aggravated is through an independent medical opinion by an expert doctor who is specialized in the disability of veterans. In addition to a physician's declaration the veteran will also have to submit medical records and lay declarations from family members or friends who can attest to the seriousness of their pre-service ailments.

In a veterans disability claim, it is important to keep in mind that the aggravated condition must be distinct from the original disability rating. A disability lawyer can help a former servicemember provide enough medical evidence and testimony in order to show that their initial condition wasn't just aggravated by military service, but that it was more severe than what it would have been had the aggravating factor wasn't present.

In order to address this issue, VA is proposing to change the two "aggravation" standards in its regulations - 38 CFR 3.306 and 3.310. The differing language used in these provisions has caused confusion and controversies during the claims process. The inconsistent use of words such as "increased disability" and "any increased severity" are the main cause of litigation.

Conditions of Service

In order for a veteran to be eligible for benefits, they must show that their disability or illness is connected to service. This is referred to as "service connection." Service connection is granted automatically for certain conditions, such Ischemic heart diseases and other cardiovascular diseases that arise because of specific amputations linked to service. Veterans with other conditions, like PTSD, must provide lay testimony or evidence from those who were their friends during their service to establish a connection between their condition to an specific incident that occurred during their military service.

A preexisting medical issue could also be service-related in the case that it was aggravated by their active duty service and not due to the natural progression of the disease. The most effective way to prove this is to present 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 may be thought to be caused or aggravated due to treatment. They 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. Some chronic diseases and tropical illnesses are thought to be aggravated or caused by service. These are AL amyloidosis, chloracne or other acne-related conditions Porphyria Cutanea Tighta, tuberculosis and multiple sclerosis and diabetes mellitus type 2. Click here to learn more about these presumptive diseases.

Appeals

The VA has a system to appeal their decision regarding whether or not to grant benefits. The first step is to make a notice of disagreement. If your lawyer is certified by VA and does not handle this for the client, then you must complete the process on your own. This form is used by the VA to inform them that you disagree with their decision and would like 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 personal meeting with the Decision Review Officer at your local office. The DRO will perform a de novo (no consideration is given to prior decisions) review and either overturn the earlier decision or confirm it. You might or may not be allowed to submit new evidence. The alternative is to request a hearing before an Veterans Law Judge from the Board of veterans disability lawyers' Appeals in Washington, D.C.

It is essential to discuss all of these factors with your lawyer who is accredited by the VA. They will have experience in this area and will know the best option for your particular case. They also understand the challenges that disabled veterans face and can be an effective advocate for you.

Time Limits

If you have a disability that was incurred or worsened in the military, you can file a claim and receive compensation. However, you'll need to be patient when it comes to the VA's process for considering and deciding about the merits of your claim. It could take as long as 180 days after your claim is filed before you get a decision.

Many factors can influence the time it takes for VA to determine your claim. The speed at which your claim will be evaluated is largely determined by the quantity of evidence that you submit. The location of the field office handling your claim will also affect how long it takes for the VA to review your claims.

How often you check in with the VA to see the status of your claim could influence the time it takes to process your claim. You can speed up the process by submitting evidence as soon as possible by being specific with your address details for the medical facilities you utilize, and providing any requested information as soon as it is available.

If you believe that there was an error in the decision on your disability, you may request a higher-level review. This requires you to submit all facts that exist in your case to an expert reviewer who can determine if there was an error in the original decision. However, this review cannot include new evidence.