How to File a Veterans Disability Claim

The claim of a disabled veteran is a crucial component of the application process for benefits. Many veterans who have their claims accepted receive a monthly income that is tax-free.

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

Aggravation

veterans disability lawyers could be qualified for disability compensation if their condition was caused by their military service. This type of claim could be either mental or physical. A VA lawyer who is certified can help an ex-military personnel file an aggravated disabilities claim. A claimant needs to prove via medical evidence or independent opinions that their condition prior to service was aggravated due to active duty.

Typically the best way to prove that a pre-service condition was aggravated is through an independent medical opinion by a physician who specializes in the disabled veteran. In addition to a physician's declaration the veteran will be required to provide medical records and lay assertions from friends or family members who can attest to the extent of their pre-service injuries.

It is vital to remember in a claim for a disability benefit for veterans that the aggravated conditions must be different from the original disability rating. A disability lawyer can guide an ex-servicemember on how to provide sufficient medical evidence and testimony to establish that their original condition was not only caused through military service, but actually worse than it would have been had it not been for the aggravating factor.

In order to address this issue, VA is proposing to change the two "aggravation" standards in its regulations - 38 CFR 3.306 and 3.310. The difference in the wording of these provisions has created confusion and controversy in the process of claiming. Specifically, the incongruent use of phrases such as "increase in disability" and "any increase in severity" is the cause of disputes and confusion.

Service-Connected Conditions

For a veteran to qualify for benefits, they must prove that their condition or illness is related to their service. This is called showing "service connection." Service connection is automatically granted for certain conditions, such Ischemic heart disease or another cardiovascular diseases that develop due to specific amputations that are connected to service. For other conditions, like PTSD veterans are required to provide the evidence of laypeople or people who were close to them in the military to prove their illness to a specific incident that occurred during their time of service.

A preexisting medical condition may be a result of service in the case that it was aggravated by active duty and not caused by the natural progress of the 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 progression of the condition.

Certain injuries and illnesses can be presumed to be caused or aggravated due to treatment. They are known as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans disability lawyers exposure to radiation in Prisoners of war, and various Gulf War conditions. Certain chronic diseases and tropical diseases are also presumed to have been caused or aggravated by service. This includes AL amyloidosis, as well as other acneform illnesses, Porphyria Cutanea Tarda, Multiple Sclerosis Tuberculosis, and Diabetes Mellitus Type 2. Click here for more details about these presumptive diseases.

Appeal

The VA has a system for appealing their decision to award or deny benefits. The first step is to submit a Notice of Disagreement. Your VA-accredited attorney may file this on your behalf but if not, you can file it yourself. This form is used by the VA to inform them that you do not agree with their decision, and would like a more thorough review of your case.

There are two options to request higher-level review. Both should be carefully considered. One option is to request a personal hearing with a Decision Review Officer from your regional office. The DRO will perform an in-person (no review is given to prior decisions) review and either reverse the earlier decision or confirm it. You could be able or not required to provide new proof. The other path is to request an appointment before a Veterans Disability law Firms Law Judge from the Board of Veterans' Appeals in Washington, D.C.

There are a variety of aspects to consider when selecting the most effective route for your appeal, and it is important to discuss these issues with your VA-accredited attorney. They will have experience and know what is best for your case. They also know the difficulties that disabled veterans face which makes them a better advocate for you.

Time Limits

You can claim compensation if you have an impairment that you acquired or worsened while serving in the military. However, you'll need to be patient when it comes to the process of taking a look at and deciding on your application. It could take up 180 days after the claim has been filed before you get an answer.

There are many factors that can affect how long the VA will take to reach an decision on your claim. How quickly your claim will be considered is mostly determined by the amount of evidence you submit. The location of the VA field office which will be reviewing your claim could also impact how long it takes.

Another factor that can impact the time it takes your claim to be processed is how often you contact the VA to check on the progress of your claim. You can accelerate the process of filing a claim by sending all documentation as quickly as you can, and providing specific information regarding the medical care facility you use, as well as sending any requested information.

If you believe that there has been an error in the decision made regarding your disability, then you can request a more thorough 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 doesn't contain any new evidence.