How to File a Veterans Disability Claim

A veteran's disability claim is an important part of their benefit application. Many veterans who have their claims accepted receive a monthly income that is tax free.

It's not secret that VA is behind in processing veteran disability claims. The process can take months or even years.

Aggravation

A veteran might be able to claim disability compensation for a condition that was caused by their military service. This type of claim is referred to as an aggravated impairment and can be either mental or physical. A VA lawyer who is certified can assist an ex-military member to file a claim for aggravated disabilities. A claimant must demonstrate by proving medical evidence or independent opinions that their condition prior to service was aggravated due to active duty.

A doctor who is an expert on the disability of the veteran can offer an independent medical opinion that will demonstrate the severity of the pre-service illness. In addition to a physician's declaration in addition, the veteran will be required to provide medical records and lay declarations from family members or friends who can attest to the severity of their pre-service condition.

In a veterans disability claim it is essential to keep in mind that the aggravated condition has to be different from the original disability rating. An attorney for disability can guide the former service member on how to provide sufficient medical evidence and proof that their condition was not just aggravated by military service, but actually worse than it would have been had it not been for the aggravating factor.

VA proposes to change its two "aggravation standards" in its regulations, 38 CFR 3.306 and 3.310. The different language of these provisions has created confusion and controversies 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 uncertainty.

Service-Connected Conditions

To be eligible for benefits, they must demonstrate that their disability or illness is related to service. This is referred to as proving "service connection." For certain conditions, such as Ischemic heart disease or other cardiovascular diseases that develop because of service-connected amputations, service connection is automatically granted. Veterans with other conditions, like PTSD are required to provide witness testimony or lay evidence from those who knew them during their time in service to connect their condition to a specific incident that occurred during their military service.

A preexisting medical problem could also be service-related if it was aggravated by active duty and not through natural progression of the disease. The best way to establish this is by submitting the doctor's opinion that the aggravation was due to service, and not the normal progression of the condition.

Certain illnesses and injuries may be believed to be caused or aggravated because of service. They are known as "presumptive diseases." This includes exposure to Agent Orange for Vietnam and Korean maryville veterans disability law firm and radiation exposure in Prisoners of War, as well as numerous Gulf War conditions. Some chronic diseases and tropical diseases are believed to have been caused or triggered by service. These include AL amyloidosis, chloracne or other acne-related disorders, porphyria cutanea tarda, tuberculosis, multiple-sclerosis, and diabetes mellitus type 2. Click here for more information about these presumptive diseases.

Appeals

The VA has a procedure to appeal their decision to award or deny benefits. The first step is filing a Notice Of Disagreement. The VA-accredited attorney you have chosen will submit this form on your behalf however if not, you can file it yourself. This form is used by the VA to inform them that you are not satisfied with their decision and want a higher level review of your case.

There are two options available for higher-level review. Both options should be carefully considered. One is to request a personal hearing with a Decision Review Officer at your regional office. The DRO will conduct a de novo review (no deference given to the earlier decision) and either reverse or affirm the earlier decision. It is possible that you will be able not required to provide new proof. You may also request a hearing before an schertz veterans disability lawyer Law judge at the Board of Veterans' Appeals, Washington D.C.

It's important to discuss these aspects with your VA-accredited lawyer. They have experience and know what is best for your situation. They are also aware of the challenges that disabled veterans face and their families, which makes them an effective advocate for you.

Time Limits

You can seek compensation if you suffer from an illness that you developed or worsened during your time in the military. However, you'll need patient during the process of review and deciding on your claim. It could take up to 180 calendar days after filing your claim before you receive a decision.

Many factors affect how long it takes the VA to determine your claim. The amount of evidence you submit will play a significant role in the speed at which your claim is evaluated. The location of the VA field office which will be reviewing your claim can also impact the length of time required to review.

Another aspect that could affect the time it takes for your claim to be processed is how often you contact the VA to check on the status of your claim. You can help speed up the process by submitting evidence as soon as you can, being specific in your address information for the medical care facilities that you use, and submitting any requested information as soon as it's available.

You can request a more thorough review if you believe that the decision based on your disability was wrong. You will need to submit all the facts regarding your case to a knowledgeable reviewer who will determine whether there an error in the initial decision. This review does not include any new evidence.