How to File a Veterans Disability Claim

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

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

Aggravation

Veterans could be eligible for plantsg.com.sg disability compensation in the event that their condition was aggravated by their military service. This type of claim is referred to as an aggravated disability. It can be either mental or physical. A skilled VA lawyer can assist the former service member to file an aggravated disability claim. A claimant must show, with medical evidence or an independent opinion, that their medical condition prior to serving was made worse by active duty.

A physician who is an expert in the disability of the veteran can offer an independent medical opinion that will demonstrate the severity of the condition prior to service. In addition to the doctor's report, the veteran must also provide medical records and statements from relatives or friends who attest to their pre-service condition.

In a claim for disability benefits for veterans it is essential to remember that the condition that is aggravated must be distinct from the initial disability rating. Disability lawyers can help a former servicemember provide enough medical evidence and testimony in order to prove that their original condition wasn't just aggravated because of military service, but was also more severe than it would have been had the aggravating factor weren't present.

VA proposes to realign its two "aggravation standards" in its regulations 38 CFR 3.306 and 3.310. The different wording in these regulations has caused confusion and controversy during the claims process. Particularly, the inconsistent use of phrases such as "increase in disability" and "any increase in severity" has been the cause of litigation and confusion.

Service-Connected Terms

To be eligible for benefits, they must demonstrate that their condition or illness is related to service. This is known as "service connection." For certain ailments, like ischemic heart disease or other cardiovascular diseases that manifest as a result of service-connected amputations, service connection is granted automatically. For other conditions, such as PTSD veterans are required to provide lay evidence or testimony from people who were close to them in the military, to connect their condition with a specific incident that took place during their time of service.

A pre-existing medical condition can be service-related in the case that it was aggravated because of active duty, and not the natural progression of disease. The best way to prove this is to present a doctor's opinion that states that the aggravation was due to service, and not the normal development of the condition.

Certain illnesses and injuries may be thought to be caused or aggravated due to service. These are known as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans and radiation exposure in Prisoners of War, as well as different Gulf War conditions. Some chronic diseases and tropical illnesses are thought to be aggravated or caused by military service. This includes AL amyloidosis and various acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis and Diabetes Mellitus Type 2. Click here for more information regarding these presumptive diseases.

Appeals

The VA has a procedure to appeal their decision to award or deny benefits. The first step is to file a Notice of Disagreement. If your lawyer who is accredited by the VA does not handle this for you, you are able to do it on your own. This form allows you to inform the VA you disagree with their decision and that you want a higher-level review of your case.

There are two routes to an upper-level review and both of them are options you should take into consideration. You can request a private meeting with the Decision Review Officer at your local office. The DRO will conduct an de novo review (no deference given to the earlier decision) and then either reverse or affirm the earlier decision. It is possible that you will be able not required to provide new proof. Another option is to request an interview before an Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

It's important to discuss all of these issues with your lawyer who is accredited by the VA. They'll have experience and will know the best route for your case. They also know the issues faced by disabled veterans, which can make them more effective advocates for you.

Time Limits

If you suffer from a physical or mental impairment that was acquired or worsened during your military service, you could file a claim in order to receive compensation. You'll need to be patient as the VA reviews and decides on your claim. You may have to wait up to 180 calendar days after submitting your claim before receiving a decision.

Many factors affect how long it takes the VA to make a decision on your claim. The speed at which your claim will be reviewed is largely determined by the amount of evidence that you submit. The location of the VA field office which will be reviewing your claim could also impact the length of time it takes.

The frequency you check in with the VA on the status of your claim could affect the length of time it takes to finish the process. You can speed up the claim process by sending all documentation as quickly as possible, providing specific details regarding the medical facility you use, as well as providing any requested details.

If you believe there has been an error in the decision on your disability, you can request a higher-level review. This involves submitting all evidence in your case to a senior reviewer who can determine whether there was an error in the initial decision. This review does not contain any new evidence.