How to File a Veterans Disability Claim

The claim of a disabled veteran is a key part of the application for benefits. Many veterans who have their claims accepted receive additional income each month which is tax-free.

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

Aggravation

A veteran may be able to claim disability compensation for the condition that was caused by their military service. This type of claim could be mental or physical. A skilled VA lawyer can assist the former service member file an aggravated disability claim. A claimant must demonstrate via medical evidence or unbiased opinions that their condition prior to service was made worse by active duty.

Typically the most effective method to prove that a pre-service condition was aggravated is to obtain an independent medical opinion from an expert doctor who is specialized in the disability of veterans disability lawyer. In addition to the physician's statement, the veteran is required to submit medical records as well as the lay statements of family or friends who attest to their pre-service condition.

It is essential to note when submitting a claim for disability benefits for veterans that the aggravated conditions must differ from the original disability rating. Disability lawyers can help former service members provide the necessary medical evidence and testimony to establish that their original condition wasn't just aggravated due to military service, but was also more severe than it would have been if the aggravating factor wasn't present.

VA proposes to realign its two "aggravation standards" in its regulations, 38 CFR 3.306 and vimeo.com 3.310. The differing language in these regulations has caused confusion and controversy in the process of making claims. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the cause of litigation.

Service-Connected Conditions

To be eligible for benefits veterans must show that their disability or illness was caused by service. This is referred to as "service connection." Service connection is automatically granted for certain conditions, such ischemic heart diseases or other cardiovascular diseases that arise because of specific service-connected amputations. For other conditions, such as PTSD the veterans must present witnesses or lay evidence from those who knew them during the military, to connect their condition with a specific incident that took place during their time in service.

A pre-existing medical problem can be service-related when it was made worse by 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 ailments and injuries are presumed to have been caused or aggravated due to service. They are known as "presumptive illnesses." These include exposure to Agent Orange for Vietnam and Korean veterans, exposure to radiation in Prisoners of War, as well as various Gulf War conditions. Some chronic illnesses and tropical diseases are also presumed to have been caused or aggravated from service. These include AL amyloidosis, springmall.net chloracne, other acne-related conditions and porphyria cutsanea tarda tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. For more information on these presumptive conditions, click here.

Appeals

The VA has a procedure for appealing their decision to award or deny benefits. The first step is filing an appeal called a Notice of Disagreement. Your VA-accredited attorney will likely make this filing on your behalf however if not, you can file it yourself. This form is used by the VA to let them know that you are not satisfied with their decision, and would prefer a more thorough review of your case.

You have two options for an additional level review. Both options should be considered carefully. You can request a personal meeting with a Decision Review Officer at your local office. The DRO will conduct a de novo review (no deference given to the previous decision) and either overturn or affirm the decision made earlier. It is possible that you will be able not be required to present new evidence. You may also request an interview with a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It is crucial to discuss all of these factors with your lawyer who is accredited by the VA. They'll have expertise in this area and will know what makes sense for your specific case. They are also well-versed in the difficulties that disabled veterans face, which makes them an ideal advocate for you.

Time Limits

If you suffer from a condition that was incurred or worsened in the military, you can file a claim to receive compensation. It is important to be patient while the VA reviews and decides on your application. It could take as long as 180 days after your claim is submitted before you get an answer.

There are a variety of factors that affect the time the VA takes to make a decision on your claim. How quickly your claim will be reviewed is largely determined by the volume of evidence you provide. The location of the VA field office who will review your claim can also impact how long it takes.

The frequency you check in with the VA on the status of your claim can affect the length of time it takes to process your claim. You can help accelerate the process by submitting proof promptly by being specific with your details regarding the address of the medical care facilities that you use, and sending any requested information immediately 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 requires you to submit all evidence in your case to an experienced reviewer who will determine whether there was an error in the original decision. However, this review is not able to include any new evidence.