How to File a Veterans Disability Claim

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

It's not secret that VA is behind in the process of processing claims for disability by veterans. It can take months or even years, for a decision to be made.

Aggravation

A veteran may be able to receive compensation for disability due to a condition that was made worse by their military service. This type of claim may be mental or physical. A skilled VA lawyer can help former service members submit an aggravated claim. A claimant must demonstrate, through medical evidence or an independent opinion, that their pre-service condition was aggravated due to active duty.

A physician who is an expert on the disability of the veteran can offer an independent medical opinion which will prove the severity of the condition prior to service. In addition to a physician's declaration, the veteran will also have to submit medical records and lay declarations from friends or family members who can attest to the seriousness of their pre-service ailments.

It is vital to remember in a claim to be disabled by a veteran that the condition being aggravated has to be different from the original disability rating. An attorney who is a disability attorney can help a former servicemember on how they can provide enough medical evidence and testimony to prove that their original condition was not just aggravated through military service, but actually worse than it would have been had it not been for the aggravating factor.

In addressing this issue, VA is proposing to change the two "aggravation" standards within its regulations - 38 CFR 3.306 and 3.310. The different wording in these regulations has led to confusion and controversy during the process of claiming. The inconsistent use of phrases such as "increased disability" and "any increased severity" have been the root of litigation.

Conditions of Service

For a veteran to qualify for benefits, they must show that their disability or illness is linked to service. This is known as "service connection." Service connection is granted automatically for certain ailments, like Ischemic heart diseases or any other cardiovascular disease that develops due to specific amputations that are connected to service. Veterans with other conditions, like PTSD need to provide lay testimony or evidence from those who knew them during their time in service to connect their condition to a specific event that occurred during their military service.

A pre-existing medical problem can also be service related when it was made worse due to active duty service, and not 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 due to service, not just the natural progression.

Certain ailments and injuries are believed to have been caused or aggravated by the service. These are known as "presumptive diseases." They include exposure to Agent Orange for Vietnam and Korean veterans as well as exposure to radiation for Prisoners of War, and numerous Gulf War conditions. Some chronic diseases and tropical illnesses are also believed to have been caused or caused by military service. This includes AL amyloidosis and various acne-related disorders, such as Porphyriacutanea Tarda, Multiple Sclerosis, Tuberculosis, and Diabetes Mellitus Type 2. For more details on these presumptive conditions, visit here.

Appeal

The VA has a system for appealing their decision to award or deny benefits. The first step is to file an appeal called a Notice of Disagreement. The VA-accredited attorney you have chosen will make this filing on your behalf but if not, you are able to file it yourself. This form is used to tell the VA you disagree with their decision and that you'd like a higher-level analysis of your case.

You have two options for a more thorough review. Both should be considered carefully. One option is to request a private hearing with a Decision Review Officer at your regional office. The DRO will conduct a review de novo (no deference given to the earlier decision) and then either reverse or confirm the earlier decision. It is possible that you will be able not be required to present new evidence. Another option is to request an appointment before an Veterans Law Judge from the Board of Veterans' Appeals in Washington, D.C.

There are a variety of factors that go into choosing the most effective route for your appeal, so it's essential to discuss these with your attorney who is accredited by the VA. They're experienced in this field and know what makes sense for your specific case. They also know the challenges faced by disabled veterans Disability law firms and can be more effective advocates for you.

Time Limits

If you have a disability which was created or worsened during military service, you could file a claim in order to receive compensation. It is important to be patient as the VA reviews and decides on your application. You may need to wait up to 180 calendar days after filing your claim before you get a decision.

There are many variables that influence how long the VA will take to make an decision on your claim. The speed at which your claim will be evaluated is largely determined by the quantity of evidence you submit. The location of the VA field office who will review your claim can also impact how long it takes.

Another factor that can impact the length of time it takes your claim to be processed is how often you contact the VA to check the progress of your claim. You can accelerate the process by submitting evidence promptly and by providing specific details regarding the address of the medical care facilities you utilize, and providing any requested information when it becomes available.

You can request a higher level review if it is your opinion that the decision based on your disability was wrong. You'll need to provide all the facts of your case to an experienced reviewer, who can determine whether there an error in the original decision. But, this review will not include any new evidence.