How to File a Veterans Disability Claim

The veteran's claim for disability is a crucial part of the application for benefits. Many veterans who have their claims approved receive additional monthly income that is tax-free.

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

Aggravation

A veteran may be able get disability compensation in the event of the condition that was caused by their military service. This type of claim is called an aggravated disability. It could be either mental or physical. A qualified VA lawyer can help former service members submit an aggravated claim. A claimant has to prove via medical evidence or independent opinions that their condition prior to service was made worse by active duty.

Typically, the most effective way to prove that a pre-service issue was aggravated is to get an independent medical opinion from an expert physician who is knowledgeable about the condition of the veteran. In addition to the doctor's report, the veteran should also submit medical records and lay statements from family or friends who can attest to their pre-service condition.

In a veterans disability claim, it is important to be aware that the condition that is aggravated must be distinct from the original disability rating. An attorney for disability can guide the former soldier on how to provide the proper medical evidence and testimony to prove that their condition was not only caused through military service, but was worse than it would have been had it not been for the aggravating factor.

In addressing this issue VA is proposing to change the two "aggravation" standards in its regulations - 38 CFR 3.306 and 3.310. The different wording in these provisions has led to confusion and disagreement during the claims process. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the cause of litigation.

Conditions that are associated with Service

To qualify a veteran for benefits, they must demonstrate that their disability or illness is related to their service. This is known as showing "service connection." For certain conditions, such as Ischemic heart disease or other cardiovascular diseases that develop as a result of specific service-connected amputations, a service connection is automatically granted. For other conditions, such as PTSD, veterans must provide the evidence of laypeople or people who were their friends in 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 a result of service in the event that it was aggravated due to active duty service, and not the natural progression of the disease. It is best to provide an official report from a doctor that explains that the deterioration of the condition was caused by service and not the natural progression of the disease.

Certain injuries and illnesses can be presumed to be caused or aggravated because of treatment. They are known as "presumptive diseases." They include exposure to Agent Orange for Vietnam and Korean veterans exposure to radiation in prisoner of war, and various Gulf War conditions. Certain chronic diseases and tropical illnesses are believed to have been aggravated or caused by service. These are AL amyloidosis, chloracne or other acneform diseases such as porphyria cutanea tarda tuberculosis, multiple sclerosis and diabetes mellitus type 2. For more information on these probable conditions, click here.

Appeal

The VA has a procedure for appealing their decision to grant or deny benefits. The first step is to file a Notice of Disagreement. Your VA-accredited attorney will likely make this filing on your behalf, Veterans disability but if they do not, you may file it yourself. 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 for higher-level review. Both options should be carefully considered. 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 the previous decisions) review and either overturn the earlier decision or uphold the decision. You may or may not be able submit new evidence. The alternative is to request an interview before an veterans disability lawsuit Law Judge at the Board of Veterans' Appeals in Washington, D.C.

It is essential to discuss these aspects with your lawyer who is accredited by the VA. They'll have experience in this area and will know the best option for your specific case. They are also aware of the difficulties that disabled veterans disability attorney face and can be more effective advocates on your behalf.

Time Limits

You can claim compensation if you suffer from a disability that was acquired or worsened as a result of serving in the military. It is important to be patient as the VA reviews and decides on your claim. It could take up 180 days after your claim is filed before you get an answer.

There are a variety of factors that can affect how long the VA will take to reach an informed decision on your claim. The amount of evidence that you submit will play a significant role in how quickly your application is evaluated. The location of the field office responsible for your claim can also influence 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 also affect the time it takes to process. You can speed up the process by providing all evidence as fast as you can, including specific information regarding the medical care facility you use, and providing any requested information.

You can request a more thorough review if you believe that the decision you were given regarding your disability was incorrect. This involves submitting all the facts that exist in your case to a senior reviewer who can determine whether there was an error in the initial decision. But, this review will not contain new evidence.