How to File a Veterans Disability Claim

A veteran's disability claim is a crucial element of their benefit application. Many veterans earn tax-free earnings after their claims are approved.

It's no secret that VA is behind in processing veteran disability claims. It could take months, even years, for a final decision to be made.

Aggravation

A veteran might be able get disability compensation in the event of an illness that was caused by their military service. This type of claim can be either mental or physical. A licensed VA lawyer can assist a former servicemember make an aggravated disability claim. A claimant has to prove using medical evidence or Veterans Disability independent opinions, that their medical condition prior to serving was aggravated by active duty.

Typically, the most effective method to prove that a pre-service issue was aggravated is to obtain an independent medical opinion by an expert doctor who is specialized in the condition of the veteran. In addition to a doctor's statement the veteran will have to submit medical records as well as lay statements from friends or family members who are able to confirm the extent of their pre-service injuries.

In a veterans disability claim, it is important to keep in mind that the aggravated condition has to be distinct from the original disability rating. A disability lawyer can assist a former servicemember provide enough medical evidence and witness to show that their initial condition wasn't just aggravated due to military service, but it was worse than what it would have been had the aggravating factor had not been present.

VA proposes to rewrite its two "aggravation standards" in its regulations 38 CFR 3.306 & 3.310. The differing language used in these provisions has caused confusion and disagreement during the claims process. The inconsistent use of words such as "increased disability" and "any increased severity" are the main cause of litigation.

Service-Connected Conditions

In order for a veteran to be eligible for benefits, they must prove that their illness or disability is related to service. This is referred to as "service connection." For some ailments, like Ischemic heart disease or other cardiovascular diseases that manifest due to specific service-connected amputations, a service connection is granted automatically. For other conditions, like PTSD the veterans must present the evidence of laypeople or people who knew them in the military, in order to connect their condition with a specific incident that occurred during their time in service.

A pre-existing medical condition can be a service-related issue in the case that it was aggravated by active duty and not as a natural progression of disease. It is best to submit an explanation from a doctor that the deterioration of the condition was caused by service, not just the natural progress of the disease.

Certain illnesses and injuries may be attributed to or aggravated due to service. These are referred to as "presumptive illnesses." This includes exposure to Agent Orange in Vietnam and Korea veterans and radiation exposure among Prisoners of War, and other Gulf War conditions. Certain chronic illnesses and tropical diseases are presumed to have been caused or aggravated by service. This includes AL amyloidosis and various acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis Tuberculosis as well as Diabetes Mellitus Type 2. Click here for more information about these probable diseases.

Appeal

The VA has a procedure for appealing their decision to grant or deny benefits. The first step is to file a Notice of Disagreement. The VA-accredited attorney you have chosen will make this filing on your behalf however if not, you may file it yourself. This form is used to tell the VA you disagree with their decision and you'd like to have a more thorough review of your case.

There are two routes to an upper-level review, both of which you should take into consideration. One is to request a private hearing with a Decision Review Officer from your regional office. The DRO will conduct a review de novo (no deference to the previous decision) and either reverse or Veterans Disability confirm the earlier decision. You may be required or not to submit new proof. The other path is to request an appointment with a Veterans Law Judge at the Board of veterans disability attorney' Appeals in Washington, D.C.

There are many factors to consider when choosing the best lane for your appeal, so it's essential to discuss these with your attorney who is accredited by the VA. They'll have experience in this area and will know what makes sense for your particular situation. They are also well-versed in the challenges faced by disabled veterans disability lawsuits which makes them an effective advocate for you.

Time Limits

If you have a disability that was caused or aggravated in the military, you can file a claim and receive compensation. You'll need to be patient as the VA evaluates and makes a decision on your application. You may need to wait up to 180 calendar days after filing your claim before receiving an answer.

There are a variety of factors which can impact the length of time the VA takes to make an assessment of your claim. The amount of evidence submitted will play a big role in how quickly your application is evaluated. The location of the VA field office which will be reviewing your claim could also impact the length of time required to review.

Another aspect that could affect the time required for your claim to be processed is how often you contact the VA to check on its progress. You can speed up the process by submitting proof as soon as you can, being specific in your details regarding the address of the medical care facilities you use, and submitting any requested information immediately when it becomes available.

You could request a higher-level review if you feel that the decision you were given regarding your disability was unjust. This requires you to submit all evidence in your case to a senior reviewer who can determine whether there was a mistake in the initial decision. However, this review cannot include new evidence.