How to File a Veterans Disability Claim

The claim of a veteran for disability is a vital part of submitting an application for benefits. Many veterans earn tax-free earnings when their claims are granted.

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

Aggravation

A veteran could be eligible to receive disability compensation for an illness that was caused by their military service. This type of claim could be mental or physical. A VA lawyer who is qualified can assist an ex-military member file an aggravated disabilities claim. A claimant has to prove using medical evidence or an independent opinion, Veterans Disability Lawyer that their medical condition prior to serving was made worse by active duty.

A doctor who is an expert in the condition of the veteran can provide an independent medical opinion that demonstrates the severity of the pre-service illness. In addition to a doctor's report the veteran will also be required to provide medical records and lay statements from family members or friends who are able to confirm the severity of their pre-service condition.

It is important to note when submitting a claim for disability benefits for veterans disability attorney that the aggravated condition must be different from the original disability rating. A disability lawyer can assist the former service member provide sufficient medical evidence and testimony to show that their initial condition wasn't simply aggravated because of military service, but that it was more severe than it would have been if the aggravating factor had not been present.

In addressing this issue VA is proposing to align the two "aggravation" standards within its regulations - 38 CFR 3.306 and 3.310. The different wording in these regulations has caused confusion and controversy in the process of claiming. Specifically, the incongruent use of terms such as "increase in disability" and "any increase in severity" has been the source of disputes and confusion.

Conditions of Service

To qualify a veteran for benefits, they have to prove that their condition or illness is related to their service. This is called showing "service connection." For certain ailments, like Ischemic heart disease and other cardiovascular diseases that develop due to specific service-connected amputations, a service connection is automatically granted. For other conditions, like PTSD Veterans disability lawyer are required to provide lay evidence or testimony from people who were their friends in the military, to connect their illness to a specific incident that took place during their service.

A pre-existing medical issue can also be service related if it was aggravated due to active duty service and not due to the natural progression of disease. It is best to submit an official report from a doctor that explains that the deterioration of the condition was caused by service, and not the natural progress of the disease.

Certain illnesses and injuries may be believed to be caused or veterans disability lawyer aggravated because of service. These are referred to as "presumptive diseases." These include exposure to Agent Orange for Vietnam and Korean veterans exposure to radiation in Prisoners of war, and other Gulf War conditions. Certain chronic diseases and tropical diseases are believed to have been caused or triggered by service. This includes AL amyloidosis as well as other acne-related illnesses, such as Porphyria Cutanea Tarda, Multiple Sclerosis, Tuberculosis and Diabetes Mellitus Type 2. Click here for more information about these probable diseases.

Appeals

The VA has a procedure for appealing their decision to grant or deny benefits. The first step is to file a Notice of Disagreement. If your lawyer is certified by VA and does not do this for you, then you're able to do it yourself. This form is used to inform the VA you disagree with their decision and you want a higher-level review of your case.

There are two options available for an additional level review. Both should be carefully considered. You can request a private meeting with the Decision Review Officer at your local office. The DRO will conduct a de novo review (no deference to the earlier decision) and then either reverse or uphold the earlier decision. You could or might not be allowed to submit new evidence. You can also request an appointment with a Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

It's important to discuss these aspects with your VA-accredited lawyer. They're experienced and know what's best for your situation. They are also aware of the difficulties that disabled veterans face and can be an effective advocate on your behalf.

Time Limits

If you suffer from a disability that was acquired or worsened in the military, you can file a claim to receive compensation. However, you'll need to be patient during the process of review and deciding on your application. It could take up to 180 calendar days after submitting your claim before you get a decision.

There are a variety of factors which can impact the length of time the VA is able to make a decision on your claim. How quickly your application will be considered is mostly determined by the quantity of evidence that you submit. The location of the VA field office that will be reviewing your claim can also impact the time it takes to review your claim.

How often you check in with the VA on the status of your claim could influence the time it takes to process. You can help speed up the process by submitting proof as soon as possible and by providing specific information regarding the addresses of the medical care facilities you utilize, and providing any requested information as soon as it's available.

You can request a more thorough review if it is your opinion that the decision made on your disability was incorrect. You must submit all the facts regarding your case to an experienced reviewer, who will determine whether there was a mistake in the initial decision. But, this review will not include new evidence.