How to File a Veterans Disability Claim

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

It's not secret that VA is behind in processing veteran disability claims. It can take months or even years for a determination to be made.

Aggravation

A veteran might be able get disability compensation in the event of a condition that was caused by their military service. This type of claim may be physical or mental. A skilled VA lawyer can help a former servicemember file an aggravated disability claim. The claimant must demonstrate through medical evidence or independent opinions that their pre-service medical condition was aggravated through 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 in the condition of the veteran. In addition to the physician's statement, the veteran is required to submit medical records and statements from relatives 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 aggravated condition must be different from the initial disability rating. Disability lawyers can help a former servicemember provide enough medical evidence and testimony to prove that their original condition wasn't only aggravated by military service, but it was worse than it would have been if the aggravating factor had not been present.

VA proposes to change its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The differing wording of these provisions has created confusion and debate during the process of filing claims. The inconsistent use of terms such as "increased disability" and "any increased severity" have been the cause of litigation.

Service-Connected Conditions

To be eligible for benefits a veteran must prove that the condition or disability was caused by service. This is referred to as "service connection." Service connection is granted automatically in certain circumstances, including ischemic heart diseases or other cardiovascular conditions that develop as a result specific amputations that are connected to service. For other conditions, like PTSD, Veterans Disability Lawyer must provide documents or evidence from people who were close to them in the military to prove their condition to an specific incident that occurred during their time in service.

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

Certain injuries and illnesses can be believed to be caused or aggravated due to treatment. These are referred to as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and veterans Disability lawyer Korea veterans disability attorney radiation exposure in prisoners of War, as well as other Gulf War conditions. Some chronic diseases and tropical diseases are also believed to have been caused or veterans disability lawyer aggravated from service. These include AL amyloidosis, chloracne, other acne-related diseases, porphyria cutanea tarda, tuberculosis, multiple sclerosis and diabetes mellitus type 2. Click here to learn more about these presumptive diseases.

Appeal

The VA has a procedure for appeals to appeal their decision on whether or not they will grant benefits. The first step is to make a notice of disagreement. Your VA-accredited attorney will likely submit this form on your behalf however, if not, you can file it yourself. This form allows you to inform the VA that you are not satisfied with their decision and you want a higher-level review of your case.

There are two options to request a higher level review. Both options should be carefully considered. One option is to request a private hearing with the Decision Review Officer in your regional office. The DRO will conduct a review de novo (no deference given to the previous decision) and then either reverse or confirm the earlier decision. You may or not be able to present new evidence. You can also request an interview with an veterans disability law firm Law judge at the Board of Veterans' Appeals, Washington D.C.

There are a variety of factors that go into choosing the best route for your appeal, and it is important to discuss these options with your VA-accredited attorney. They'll have expertise in this area and will know what makes the most sense for your particular situation. They also know the challenges that disabled veterans face which makes them an ideal advocate for you.

Time Limits

You can apply for compensation if you have an impairment that you acquired or worsened while serving in the military. But you'll have to be patient during the process of taking a look at and deciding on your application. It may take up to 180 days after your claim is submitted before you get an answer.

There are many factors which can impact the length of time the VA will take to make a decision on your claim. The speed at which your claim will be reviewed is largely determined by the volume of evidence that you submit. The location of the VA field office who will review your claim will also affect how long it takes.

How often you check in with the VA on the status of your claim can influence the time it takes to finish the process. You can help accelerate the process by submitting proof as soon as you can by being specific with your address information for the medical facilities you utilize, and providing any requested information as soon as it is available.

You may request a higher-level review if you believe that the decision based on your disability was wrong. You must submit all the facts of your case to a knowledgeable reviewer, who will decide whether there an error in the original decision. This review does not contain any new evidence.