How to File a Veterans Disability Claim

The claim of a veteran for disability is an important part of the application for benefits. Many veterans disability attorney who have their claims approved receive additional monthly income which is tax-free.

It's no secret that VA is behind in the processing of claims for disability from veterans disability lawsuit. The process can take months or even years.

Aggravation

Veterans may be entitled to disability compensation if their condition was caused by their military service. This kind of claim can be either mental or physical. A competent VA lawyer can assist the former service member submit an aggravated claim. A claimant must prove through medical evidence or independent opinions that their pre-service medical condition was aggravated through active duty.

A physician who is an expert in the veteran's disability can provide an independent medical opinion that will demonstrate the severity of the condition prior to service. In addition to a doctor's report the veteran will also need to submit medical records and lay statements from friends or family members who can testify to the severity of their pre-service conditions.

It is crucial to remember in a veterans disability claim that the aggravated condition must be different from the original disability rating. An attorney for disability can guide the former service member on how they can provide enough medical evidence and testimony to prove that their condition was not just aggravated by military service, but was worse than it would have been had it not been for the aggravating factor.

VA proposes to realign its two "aggravation standards" in its regulations, 38 CFR 3.306 and 3.310. The differing language in these provisions has caused confusion and controversies during the process of claiming. Particularly, the inconsistent use of phrases such as "increase in disability" and "any increase in severity" is the cause of litigation and confusion.

Service-Connected Conditions

To qualify for benefits, the veteran must prove that the condition or disability was caused by service. This is known as proving "service connection." For some conditions, like ischemic heart disease, or other cardiovascular diseases that arise as a result of specific services-connected amputations is granted automatically. Veterans with other conditions like PTSD need to provide lay testimony or lay evidence from those who were their friends during their time in service to connect their condition to an specific event that occurred during their time in the military.

A preexisting medical condition could also be service-related in the event that it was aggravated by their active duty service and not by natural progression of the disease. It is recommended to present a doctor's report that explains that the deterioration of the condition was caused by service, not just the natural progression.

Certain ailments and injuries can be thought to be caused or aggravated due to treatment. These are referred to as "presumptive illnesses." This includes exposure to Agent Orange for Vietnam and Korean veterans disability attorneys and radiation exposure in prisoner of war, and other Gulf War conditions. Certain chronic diseases and tropical illnesses are also thought to be aggravated or caused by service. This includes AL amyloidosis, as well as other acne-related illnesses, Veterans Disability Claim such as Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis, and Diabetes Mellitus Type 2. Click here to learn more about these presumptive diseases.

Appeals

The VA has a procedure for appealing their decision on the issue of whether or not to grant benefits. The first step is to file a Notice of Disagreement. If your lawyer is certified by VA and does not take this step for you, then you can do it yourself. This form is used by the VA to let them know 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 should be carefully considered. You can request a personal meeting with a Decision Review Officer in your local office. The DRO will conduct a de novo (no review of previous decisions) review and either overturn the earlier decision or confirm it. You could be able or not required to submit a new proof. You can also request a hearing before an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

There are many aspects to consider when selecting the best route for your appeal, so it is important to discuss these issues with your VA-accredited attorney. They'll have experience and will know the best route for your situation. They are also aware of the difficulties that disabled veterans face, which can make them a stronger advocate on your behalf.

Time Limits

You may be eligible for compensation if you have a disability that you acquired or worsened during your time in the military. You'll have to be patient as the VA evaluates and makes a decision on your application. It could take as long as 180 days after the claim has been submitted before you get an answer.

Numerous factors can affect the time it takes for veterans disability claim the VA to decide on your claim. How quickly your claim will be considered is mostly determined by the quantity of evidence that you submit. The location of the VA field office which will be reviewing your claim can also impact the length of time required to review.

How often you check in with the VA on the status of your claim could affect the length of time it takes to complete the process. You can accelerate the process of filing a claim by submitting all evidence as quickly as possible, providing specific information regarding the medical facility you use, and sending any requested details.

You may request a higher-level review if it is your opinion that the decision made on your disability was unjust. You will need to submit all the details of your case to an experienced reviewer, who will decide whether there was a mistake in the original decision. This review doesn't contain any new evidence.