How to File a Veterans Disability Claim

A veteran's disability claim is an important part of their benefit application. Many veterans receive tax-free income when their claims are accepted.

It's not a secret that the VA is a long way behind in the process of processing disability claims from veterans. It can take months or even years for a decision to be made.

Aggravation

A veteran could be eligible to receive disability compensation for a condition worsened due to their military service. This type of claim is called an aggravated disability. It can be either mental or physical. A skilled VA lawyer can assist former service members submit an aggravated claim. A claimant has to prove through medical evidence or independent opinions that their pre-service medical condition was aggravated by active duty.

Typically the best way to prove that a pre-service condition was aggravated is to obtain an independent medical opinion from a physician who specializes in the disabled veteran. In addition to a physician's declaration the veteran will also require medical records and lay declarations from friends or family members who are able to confirm the extent of their pre-service injuries.

In a veterans disability claim it is essential to keep in mind that the condition that is aggravated must differ from the original disability rating. A disability lawyer can guide the former service member on how to provide sufficient medical evidence and proof that their original condition was not just aggravated through military service, but was worse than it would have been had it not been for the aggravating factor.

In order to address this issue VA is proposing to align the two "aggravation" standards within its regulations - 38 CFR 3.306 and 3.310. The differing language used in these provisions has led to confusion and controversy during the process of making claims. Specifically, the incongruent use of terms such as "increase in disability" and "any increase in severity" has been the cause of disputes and uncertainty.

Service-Connected Terms

To qualify a veteran for benefits, they must prove that their condition or illness is linked to service. This is referred to as "service connection." For veterans disability some diseases, such as ischemic heart disease or other cardiovascular diseases that manifest due to specific service-connected amputations, service connection is automatically granted. Veterans suffering from other ailments, like PTSD, must provide witness testimony or lay evidence from those who knew them during their time in service to connect their condition to a specific event that occurred during their time in the military.

A pre-existing medical condition can be a service-related issue in the event that it was aggravated due to active duty service and not just the natural progression of disease. The most effective way to prove this is to present the opinion of a doctor that the aggravation was due to service and not the normal progression of the disease.

Certain injuries and illnesses are presumed to have been caused or worsened by service. They are known as "presumptive illnesses." This includes exposure to Agent Orange in Vietnam and Korea veterans and radiation exposure among Prisoners of War and other Gulf War conditions. Certain chronic diseases and tropical diseases are also suspected to have been caused or aggravated from service. This includes AL amyloidosis and various acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis, and Diabetes Mellitus Type 2. Click here to learn more about these presumptive diseases.

Appeal

The VA has a procedure for appealing their decision to grant or deny benefits. The first step is to make a notice of disagreement. If your lawyer is certified by VA and does not complete this task for you, then you can do it on your own. This form is used by the VA to let them know that you are not satisfied with their decision, and want a higher level review of your case.

There are two paths to an upscale review, both of which you should carefully consider. You can request a private meeting with the Decision Review Officer at your local office. The DRO will conduct a de novo (no review is given to the previous decisions) review and either reverse the earlier decision or uphold it. You may be required or not required to provide new proof. You may also request an appearance before an Veterans Law judge at the Board of veterans disability attorney' Appeals, Washington D.C.

There are a variety of factors to consider when choosing the best lane for your appeal, so it's crucial to discuss these options with your VA-accredited attorney. They have experience and know what is best for your case. They are also aware of the difficulties that disabled veterans face and can be a better advocate for Veterans Disability you.

Time Limits

If you suffer from a condition that was caused or aggravated during your military service, you could file a claim in order to receive compensation. However, you'll need to be patient during the process of considering and deciding about your claim. It may take up to 180 days after the claim has been filed before you are given a decision.

There are many variables that influence how long the VA will take to make an decision on your claim. The speed at which your claim will be considered is mostly determined by the volume of evidence that you submit. The location of the field office responsible for your claim will also impact how long it will take for the VA to review your claims.

Another factor that could affect the time it takes your claim to be processed is how often you contact the VA to check on the status of your claim. You can accelerate the process by submitting proof as soon as you can by being specific with your details regarding the address of the medical facilities you use, and submitting any requested information as soon as it's available.

If you think there was an error in the decision on your disability, you are able to request a higher-level review. You'll need to provide all of the facts about your case to a knowledgeable reviewer who will determine whether there an error in the initial decision. This review doesn't contain any new evidence.