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How to File a Veterans Disability Claim

A veteran's disability claim is an important component of his or her benefit application. Many veterans receive tax-free income when their claims are approved.

It's not a secret that the VA is a long way behind in processing disability claims for veterans. It can take months, even years for a determination to be made.

Aggravation

A veteran may be able to receive disability compensation for a condition that was made worse by their military service. This type of claim is referred to as an aggravated disability and can be mental or physical. A skilled VA lawyer can assist a former servicemember file an aggravated disability claim. A claimant must prove through medical evidence or independent opinions that their pre-service medical condition was aggravated due to active duty.

Typically, the most effective method to prove that a condition prior to service was aggravated is to get an independent medical opinion by an expert in the disability of veterans disability law firm. In addition to the doctor's opinion the veteran will also require medical records and lay declarations from family members or friends who are able to confirm the extent of their pre-service injuries.

In a veterans disability claim it is crucial to remember that the aggravated condition must be distinct from the initial disability rating. An attorney for disability can guide the former soldier on how they can provide enough medical evidence and testimony to prove that their condition was not just aggravated through military service, but was worse than it would have been without the aggravating factor.

In order to address this issue VA is proposing to align the two "aggravation" standards contained in its regulations - 38 CFR 3.306 and 3.310. The differing language used in these provisions has caused confusion and controversy during the process of making claims. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the source of litigation.

Service-Connected Conditions

To qualify a veteran for benefits, they must show that their condition or illness is connected to service. This is referred to as proving "service connection." For some ailments, like Ischemic heart disease or other cardiovascular diseases that develop because of service-connected amputations, a service connection is granted automatically. Veterans suffering from other conditions such as PTSD need to provide witness testimony or lay evidence from those who were their friends during their time in the military to connect their condition with a specific incident that occurred during their time in the military.

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

Certain injuries and illnesses may be thought to be caused or aggravated because of service. They are known as "presumptive diseases." This includes exposure to Agent Orange in Vietnam and Korea veterans radiation exposure in prisoners of War, and other Gulf War conditions. Certain chronic illnesses and tropical diseases are suspected to have been caused or aggravated from service. They include AL amyloidosis and chloracne as well as other acne-related diseases such as porphyria cutanea tarda tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. For more information on these presumptive conditions, click here.

Appeals

The VA has a procedure for appeals to appeal their decision regarding whether or not to award benefits. The first step is to submit a Notice of Disagreement. Your VA-accredited attorney will likely complete this for you but if not, you are able to file it yourself. This form allows you to inform the VA you disagree with their decision and you would like a more thorough review of your case.

There are two ways to get an upscale review and both of them are options you should carefully consider. You can request a private meeting with a Decision Review Officer at your local office. The DRO will conduct an de novo review (no deference to the earlier decision) and then either reverse or confirm the earlier decision. You may be able or not required to provide new proof. Another option is to request a hearing before an Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

There are many factors that go into choosing the best route for your appeal, and it's important to discuss these with your attorney who is accredited by the VA. They're experienced in this field and know what makes the most sense for your particular situation. They are also familiar with the challenges faced by disabled veterans which makes them more effective advocates for you.

Time Limits

If you suffer from a physical or mental impairment which was created or worsened in the military, you can file a claim and receive compensation. However, you'll need to be patient when it comes to the process of reviewing and deciding on your application. You may have to wait up to 180 calendar days after filing your claim to receive an answer.

Many factors can influence how long it takes the VA to consider your claim. How quickly your claim will be considered is mostly determined by the amount of evidence you have submitted. The location of the VA field office which will be reviewing your claim will also affect how long it takes.

The frequency you check in with the VA on the status of your claim could influence the time it takes to process your claim. You can speed up the process by sending all documentation as quickly as you can, including specific details regarding the medical center you use, as well as sending any requested information.

If you think there was a mistake in the decision made regarding your disability, then you can request a more thorough review. 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 contain new evidence.