How to File a Veterans Disability Claim

A veteran's disability claim is a critical element of their benefit application. Many veterans who have their claims approved receive an additional monthly income that is tax-free.

It's no secret that the VA is way behind in processing disability claims for veterans. It can take months or even years for a determination to be made.

Aggravation

A veteran may be able to receive compensation for disability due to a condition that was made worse by their military service. This type of claim is known as an aggravated disability. It could be mental or physical. A licensed VA lawyer can assist the former service member to file an aggravated disability claim. The claimant must prove by proving medical evidence or unbiased opinions that their condition prior to service was made worse by active duty.

Typically the best way to demonstrate that a pre-service condition was made worse is by obtaining an independent medical opinion by an expert in the condition of the veteran. In addition to a doctor's report, the veteran will also be required to provide medical records as well as lay statements from family members or friends who are able to confirm the extent of their pre-service injuries.

In a claim for a disability benefit for veterans, it is important to be aware that the condition being aggravated has to be distinct from the original 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 due to military service, but was also more severe than what it would have been had the aggravating factor Vimeo had not been present.

VA proposes to realign its two "aggravation standards" in its regulations 38 CFR 3.306 and 3.310. The differing wording of these provisions has led to confusion and controversy during the process of claiming. The inconsistent use of phrases such as "increased disability" and "any increased severity" are the main cause of litigation.

Conditions Associated with Service

To be eligible for benefits, crescent city veterans disability lawyer must show that their health or disability was caused by service. This is referred to as proving "service connection." For certain ailments, like Ischemic heart disease or other cardiovascular diseases that manifest due to specific service-connected amputations, a service connection is granted automatically. For other conditions, like PTSD veterans are required to provide the evidence of laypeople or those who knew them during the military, to link their condition to a specific incident that took place during their time in service.

A preexisting medical condition could also be service-related in the event that it was aggravated by their active duty service and not due to the natural progress of the disease. The most effective way to establish this is by submitting an opinion from a doctor that states that the ailment was due to service and not just the normal progression of the disease.

Certain illnesses and injuries may be attributed to or aggravated because of treatment. These are called "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in prisoners of War and other Gulf War conditions. Certain chronic diseases and tropical illnesses are thought to be aggravated or triggered 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 on these presumptive conditions, visit here.

Appeals

The VA has a system for appealing their decision to award or deny benefits. The first step is filing a Notice Of Disagreement. Your VA-accredited attorney will likely submit this form on your behalf but if not, you may file it yourself. This form is used by the VA to inform them that you disagree with their decision and want a higher level review of your case.

There are two options for higher-level review. Both options should be carefully considered. You can request a personal meeting with a Decision Review Officer in your local office. The DRO will conduct an in-person (no review of previous decisions) review and either overturn the earlier decision or uphold it. You could be able or not required to provide new proof. The alternative is to request a hearing before an Veterans Law Judge at the Board of Veterans' Appeals in Washington, D.C.

It's important to discuss these issues with your VA-accredited attorney. They'll have experience and know what is best for your case. They also know the issues that disabled veterans face, which can make them a stronger advocate on your behalf.

Time Limits

If you suffer from a disability which was created or worsened in the military, you may file a claim to receive compensation. It is important to be patient as the VA examines and decides on your claim. You may have to wait up to 180 calendar days after submitting your claim before receiving an answer.

Many factors affect the time it takes for the VA to consider your claim. The amount of evidence you submit will play a major role in how quickly your application is considered. The location of the VA field office which will be evaluating your claim could also impact the length of time it takes.

Another factor that could affect the time it takes for your claim to be processed is how often you contact the VA to inquire about its progress. You can help accelerate the process by submitting your evidence as soon as possible, being specific in your information regarding the addresses of the medical care facilities that you use, and submitting any requested information immediately when it becomes available.

If you think there was a mistake in the decision made regarding your disability, you can request a more thorough review. You will need to submit all the facts regarding your case to an experienced reviewer, who can determine whether there an error in the initial decision. This review does not include any new evidence.