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How to File a Veterans Disability Claim

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

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

Aggravation

A veteran might be able to claim disability compensation for the condition that was worsened due to their military service. This type of claim is known as an aggravated impairment and can be mental or physical. A VA lawyer who is qualified can help an ex-military personnel submit an aggravated disabilities claim. A claimant has to prove either through medical evidence or independent opinions that their pre-service condition was made worse by active duty.

Typically the best way to prove 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 have to submit medical records and lay declarations from family members or friends who can confirm the severity of their pre-service conditions.

In a veterans disability claim it is crucial to keep in mind that the aggravated condition must be distinct from the original disability rating. A disability attorney can advise a former servicemember on how they can provide enough medical evidence and testimony to prove that their original condition was not just aggravated by military service, but actually worse than it would have been without the aggravating factor.

VA proposes to change its two "aggravation standards" in its regulations, 38 CFR 3.306 & 3.310. The difference in the wording of these provisions has caused confusion and disagreement in the claims process. Particularly, the inconsistent use of terms like "increase in disability" and "any increase in severity" has led to a lot of disputes and confusion.

Service-Connected Terms

To qualify a veteran for benefits, they must demonstrate that their condition or illness is linked to service. This is called showing "service connection." For certain conditions, such as ischemic heart disease, or other cardiovascular diseases that manifest because of service-connected amputations, a service connection is granted automatically. Veterans with other conditions like PTSD, must provide lay testimony or evidence from those who knew them during their time in service to connect their condition with a specific incident that occurred during their time in the military.

A preexisting medical condition could be service-related in the case that it was aggravated by their active duty service and not due to the natural progression of the disease. The best method to establish this is by submitting an opinion from a doctor that states that the aggravation was due to service and not just the normal progression of the disease.

Certain injuries and illnesses can be believed to be caused or aggravated by treatment. These are called "presumptive illnesses." These include exposure to Agent Orange for Vietnam and Korean veterans and radiation exposure in Prisoners of war, veterans disability claim and other Gulf War conditions. Certain chronic diseases and tropical illnesses are believed to have been aggravated or triggered by service. These include AL amyloidosis and chloracne as well as other acne-related disorders and porphyria cutsanea tarda multiple sclerosis, tuberculosis, and diabetes mellitus type 2. Click here for more information about these presumptive diseases.

Appeal

The VA has a procedure to appeal their decision to grant or deny benefits. The first step is filing a Notice of Disagreement. If your lawyer is certified by VA and does not complete this task for you, then you can complete the process on your own. This form is used to inform the VA you disagree with their decision and that you want a higher-level review of your case.

There are two options to request a higher level review. Both should be carefully considered. You can request a private meeting with a Decision Review Officer at your local office. The DRO will conduct a de novo review (no deference to the earlier decision) and either reverse or affirm the decision made earlier. You may be able or not to submit new proof. You may also request an appearance before a veterans disability lawyer Law judge at the Board of Veterans' Appeals, Washington D.C.

It is essential to discuss these aspects with your VA-accredited lawyer. They will have experience in this field and know what makes the most sense for your particular situation. They are also aware of the challenges that disabled veterans face which makes them an effective advocate for you.

Time Limits

You can claim compensation if you suffer from an illness that you developed or worsened while serving in the military. You'll need to wait as the VA reviews and decides on your application. It could take up 180 days after the claim has been filed before you are given a decision.

Many factors influence the time it takes for VA to determine your claim. The speed at which your application will be evaluated is largely determined by the amount of evidence you submit. The location of the VA field office who will review your claim could also impact the length of time required to review.

How often you check in with the VA regarding the status of your claim can influence the time it takes to complete the process. You can help speed up the process by submitting your evidence as soon as possible, being specific in your information regarding the addresses of the medical care facilities you use, and submitting any requested information as soon as it is available.

You can request a more thorough review if you feel that the decision based on your disability was not correct. This means that you submit all the facts that exist in your case to a senior reviewer who can determine whether there was a mistake in the original decision. The review doesn't include any new evidence.