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How to File a Veterans Disability Claim

The claim of a disabled veteran is a vital 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 a secret that the VA is a long way behind in processing disability claims from veterans disability lawsuits. The decision could take months or even years.

Aggravation

A veteran may be able to receive disability compensation for a condition that was worsened 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 submit an aggravated disabilities claim. A claimant has to prove using medical evidence or independent opinions that their pre-service medical condition was aggravated through active duty.

Typically the best way to demonstrate that a pre-service issue was aggravated is through an independent medical opinion by an expert in the disability of veterans. In addition to the doctor's statement the veteran should also submit medical records and statements from relatives or friends who attest to their pre-service condition.

It is important to note when submitting a claim for disability benefits for veterans that the aggravated condition must be different from the initial disability rating. A disability attorney can advise the former soldier on how to present sufficient medical evidence and evidence to show that their original condition was not only aggravated by military service, but was worse than it would have been without the aggravating factor.

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 in the claims process. The inconsistent use of words such as "increased disability" and "any increased severity" have been the cause of litigation.

Service-Connected Terms

To qualify for benefits, veterans must show that his or her health or disability was caused by service. This is known as "service connection." For certain conditions, like Ischemic heart disease and other cardiovascular diseases that develop as a result of specific service-connected amputations, service connection is automatically granted. Veterans with other conditions such as PTSD need to provide lay testimony or 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 problem could also be service-connected in the event that it was aggravated by their active duty service and not by natural progress of the disease. It is recommended to present an explanation from a doctor that the deterioration of the condition was caused by service, not just the natural progression of the disease.

Certain illnesses and injuries are believed to have been caused or aggravated by service. These are referred to as "presumptive illnesses." This includes exposure to Agent Orange in Vietnam and Korea Veterans disability lawyer and radiation exposure among Prisoners of War, and other Gulf War conditions. Certain chronic diseases and tropical illnesses are also thought to be aggravated or triggered by service. These include AL amyloidosis, chloracne or other acne-related diseases Porphyria Cutanea Tighta, tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. Click here for more details regarding these presumptive diseases.

Appeal

The VA has a system for appealing their decision to grant or deny benefits. The first step is to file a Notice of Disagreement. Your VA-accredited attorney may submit this form on your behalf however, if not, you can do it yourself. This form allows you to inform the VA that you are not satisfied with their decision and that you'd like a higher-level analysis of your case.

There are two ways to get a more thorough review one of which you should consider carefully. One is to request a personal hearing with the Decision Review Officer in your regional office. The DRO will perform a de novo (no consideration of previous decisions) review and either overturn the previous decision or affirm it. You might or may not be allowed to submit new evidence. You may also request an appointment with an Veterans Law judge at the Board of Veterans' Appeals, Washington D.C.

There are a variety of factors to consider when choosing the most effective route for your appeal, so it's important to discuss these options with your attorney who is accredited by the VA. They will have experience and will know the best route for your situation. They also understand the challenges that disabled veterans face and can help them become a stronger advocate on your behalf.

Time Limits

You can apply for compensation if you have an illness that you developed or worsened during your time in the military. You'll have to be patient while the VA examines and decides on your claim. You could have to wait up to 180 calendar days after submitting your claim before you receive an answer.

There are many variables which can impact the length of time the VA will take to make an informed decision on your claim. The amount of evidence that you submit will play a significant role in the speed at which your claim is considered. The location of the field office handling your claim will also impact how long it will take for the VA to review your claims.

The frequency you check in with the VA on the status of your claim can affect the time it takes to process your claim. You can help accelerate the process by providing evidence whenever you can, being specific in your address information for the medical care facilities you use, and sending any requested information as soon as it's available.

You could request a higher-level review if you believe the decision made on your disability was incorrect. You will need to submit all of the facts about your case to a knowledgeable reviewer, who will determine whether there was a mistake in the original decision. However, this review cannot include any new evidence.